CPA2023009 Z2023059 BOS REPORT_REVISED.PDF
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November 15, 2023
CPA2023009 & Z2023059
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
November 15, 2023
Case #/Title:
CPA2023009 & Z2023059 – Gila Hydrogen Facility
Supervisor District:
4
Applicant/Owners:
Stephen Anderson, Gammage & Burnham / Jae Koo Huh and
Miriam Huh Family Trust
Request:
General Comprehensive Plan Amendment to change the land use
designation in the Vision 2030 Comprehensive Plan from Rural
Development Area (0-1 d.u./ac) to Heavy Industrial, and zone
change with overlay from Rural-43 to IND-3 IUPD
Site Location:
Generally Located 1,000’ north and 3,200’ west of the NWC of
Interstate 10 and Salome Highway in the Tonopah area
Site Size:
Approximately 172.49 acres
County Island Status:
N/A
Additional
Comments:
The requested change in land use designation and zone change
with overlay are to facilitate a large scale hydrogen production
facility that will convert water to liquid hydrogen. The applicant has
provided documentation of a secured water source. There was one
speaker in opposition to the cases at the Planning and Zoning
Commission. The opposition expressed general concerns over
impacts the site will have on the surrounding area. There are no
outstanding concerns from reviewing agencies.
Commission
Recommendations:
On 10/19/23, the Commission voted 8-0 to adopt a motion
recommending the Board of Supervisors approve CPA2023009 and
Z2023059 subject to conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Gila Hydrogen“, consisting of 2 full-size sheets, dated August 17, 2023, and
stamped received August 17, 2023, except as modified by the following conditions. Staff
may determine slight refinements to remain in substantial conformance with the approved
site plan. Minor and major amendments to the site plan will be determined in accordance
with Chapter 3 of the Maricopa County Zoning Ordinance.
November 15, 2023
CPA2023009 & Z2023059
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b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Gila Hydrogen Facility”, consisting of 41 pages, dated August 17, 2023 and
stamped received August 17, 2023, except as modified by the following conditions.
c.
The following conditions as per Arizona Game and Fish recommendations shall apply:
1. The applicant shall coordinate with Arizona Game and Fish to come up with an
acceptable plan of removal if any evidence of Sonoran Desert Tortoise or the Western
Burrowing Owl are found on site.
2. Deterrent measures shall be in place to prevent birds and other wildlife gathering at
the evaporation pond.
3. All other recommendations provided by Arizona Game and Fish shall be adhered to,
whenever possible, as per the letter dated June 2, 2023.
d.
The following Planning Engineering Conditions shall apply:
1. Without submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed buildings,
drainage design, access and roadway alignments, These items will be addressed as
development plans progress and are submitted to the County for further review
and/or entitlement.
2. Dedication of right-of-way across the Salome highway site frontage (both parcels) is
required to provide 65’ half-width from center. Dedication shall occur prior to the
issuance of building permits.
3. Right-of-way preservation along the east side of 523rd ave shall be 25’
4. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with section 1205 of the Maricopa
County Zoning Ordinance; Drainage Policies and Standards; floodplain Regulations
for Maricopa County; MDOT Roadway Design Manual; and current engineering
policies standards, and best practices at the time of application for construction.
e.
The following IND-3 IUPD standards shall apply to the site:
1. Maximum Height: 150’
2. Parking: one stall per 10,000 sq ft floor area
3. Carpool Parking Stalls: Minimum 10 dedicated carpool stalls
4. Site Screening: minimum 6’ chain link fence topped with barbed wire
5. Loading and Unloading spaces: one loading/unloading space per 100,000 sq feet of
floor area
6. Use: use of site shall be limited to production of hydrogen and ancillary uses
f.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
November 15, 2023
CPA2023009 & Z2023059
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subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the Zone Change
is granted and reverting to the prior zoning results in the same value of the property as if
the Zone Change had never been granted.
Presented by:
Joseph Mueller, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
10/19/23 P&Z Packet (114 pages)
Resolution (2 pages)
Note:
10/19/23 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
CPA2023009 and Z2023059
Page 1 of 12
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Cases:
CPA2023009 & Z2023059 – Gila Hydrogen Facility
Hearing Date:
October 19, 2023
Supervisor District:
5
Applicant:
Stephen Anderson, Gammage & Burnham
Owners:
Jae Koo Huh and Miriam Huh Family Trust
Requests:
General Comprehensive Plan Amendment to change the land use
designation in the Vision 2030 Comprehensive Plan from Rural
Development Area (0-1 d.u./ac) to Heavy Industrial, and zone change with
overlay from Rural 43 to IND3 IUPD
Site Location:
Generally located 1,000’ north and 3,200’ west of the NWC of Interstate 10
and Salome Highway in the Tonopah area
Site Size:
172.49 acres
Density:
N/A
County Island:
No
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
One email in opposition
Recommendation:
Approve (CPA2023009)
Recommendation:
Approve with conditions (Z2023059)
CPA2023009 and Z2023059
Page 2 of 12
Project Summary:
1.
The applicant is requesting a general comprehensive plan amendment (CPA) to change the land
use designation in the Vision 2030 Maricopa County Comprehensive Plan from Rural
Development Area to Heavy Industrial. Additionally, the applicant is requesting a subsequent
zone change with overlay from Rural-43 to IND-3 IUPD. Both requests are on the same subject
parcel covering about 172.49 acres in the far western stretches of the county. The purpose of
the requests is to facilitate the future development of a hydrogen production facility that will
produce hydrogen from water via electrolysis, which is a process that will convert water into
hydrogen and oxygen gases using electricity. The plant will capture the hydrogen gas and convert
it to liquid via a process involving cryogenic fluids and compressors. The hydrogen will be stored
and shipped off site as a liquid in tanker trucks. Per the applicant’s narrative the industrial
equipment will occupy about a third on the site and the rest of the site will be dedicated to large
evaporation ponds, engineered drainage features, and open space. Staff notes that no Plan of
Development (POD) was included with the zoning case, and a POD will be required prior to
approval of construction permits.
2.
The site is comprised of a single property covering all 172.49 acres. The property is in a very
remote part of the county, being over seven miles west of the western most boundary of the
Tonopah/Arlington Area Plan. Somewhat unusual for such a remote site, it is also located very
close to the junction of Salome Hwy and Interstate 10, allowing for prime interstate access for
distribution tankers. The applicant’s narrative states the remote location was ideal given the
industrial nature of the proposed hydrogen production. The narrative also states that interstate
access will provide a large opportunity for site users as it will allow the produced hydrogen to be
easily shipped to markets both in the Phoenix area as well as Los Angeles and Southern
California.
3.
Adjacent land use of the site is almost exclusively vacant. Much of the land to the north is publicly
owned State Trust Land and appears to be relatively undisturbed. Parcels to the west are vacant
but appear to have been used for grazing either by livestock or wild animals as vegetation is much
less sparse than similar land in the general area. There are some major infrastructure corridors
near the parcel. A canal owned by the federal government runs along the eastern boundary of the
site. Salome Hwy. boarders the southern boundary of the site and Interstate 10 is only about a
1,000’ south. The closest permanent land users appear to be some farms south of the interstate,
about half a mile south of the subject site. The applicant states in the narrative that the nearest
residence is over a mile from the subject site boundaries, which is especially noteworthy given
the sheer size of the site itself.
4.
The narrative asserts that the proposed development meets the Comprehensive Plan
Amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is
not solely for the good or benefit of a particular landowner or owners at a particular point in time.
The narrative states that the Gila Hydrogen Facility is an improvement to the Comprehensive Plan
due to the benefits to the state, county, local and regional economy. The narrative states that
initial investments on the site will be in the $1 billion range, making this a significant financial
investment in the county. Additionally, construction of the facility will create approximately 300
construction jobs, with a construction period of approximately 30 months. While the construction
jobs will mostly only last during the initial construction phase of the site, the applicant states there
will be about 30 highly skilled, well-paying permanent jobs on site in addition to about 60 truck
CPA2023009 and Z2023059
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positions for truck drivers distributing the hydrogen to market. The narrative also points that the
facility will help diversify the regions energy sources as the applicant posits hydrogen will become
a major fuel source for trucks, fleet vehicles, forklifts, and eventually consumer vehicles in the
coming decades. Therefore, the amendment constitutes an overall improvement to the Vision
2030 Maricopa County Comprehensive Plan and is not solely for the good or benefit of a particular
landowner/owner at a particular point in time.
Whether the amendment will adversely impact all or a portion of the planning area.
A.
Altering acceptable land use patterns to the detriment of the plan – According to the
narrative, the amendment will not alter any surrounding land uses or land use patterns.
Most of the adjacent land is vacant and largely unused currently. Given the remoteness
of the area it is unlikely that and significant development on surrounding properties would
occur in the foreseeable future. The narrative states the specific site is appropriate for the
proposed land use designation as it is near a major interstate interchange.
B.
Requiring public expenditures for larger or more expensive infrastructure - The narrative
states that the project would not require public expenditures for larger or more expensive
infrastructure. The costs of the project’s infrastructure, notably infrastructure for water
and wastewater, needs shall be borne by the developer.
C.
Requiring public improvements to roads, sewer, or water systems that are needed to
support the planned land uses – The narrative states that the project would not require
improvements to roads as traffic due to the proposed use will be minimal. The applicant
will need to make significant improvements from water and wastewater, but costs will be
borne by the developer and all such infrastructure will be on site. Existing roads will serve
the project and any additional project infrastructure needs shall be borne by the developer.
D.
Adversely impacting planned uses because of increased traffic – The narrative indicates
there will be a negligible increase in traffic that will be easily handled by the existing
highway, interstate, and interchange infrastructure near the site. The narrative states the
increase in traffic on the interstate due to this site will be unnoticeable.
E.
Affecting the livability of the area or health or safety of present and future residents –
The narrative asserts that there are no present residents within a mile radius of the site –
a fact that the applicant claims will remain unchanged for the foreseeable future. The
applicant states that the remoteness of the site is a primary reason why this location was
selected as to not negatively impact anyone’s health or welfare by locating a large
industrial site near their residence. Additionally, the project will follow federal, state and
local regulations regarding the production, use, storage, and transport of hydrogen gas
and liquid. The applicant has secured a will-serve letter for fire protection and has actively
been working with applicable fire protection agencies to establish a best practice fire-
mitigation plan.
F.
Adversely impacting the natural environment or scenic quality of the area in
contradiction to the plan – The applicant states that the project will not significantly
impact the natural environment or overall scenic quality of the area. The applicant states
that the site is relatively flat and lacks significant drainage features. The narrative states
that the area is not one of significant scenic distinction.
CPA2023009 and Z2023059
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Animals
The applicant performed a preliminary field-site investigation, which per the applicant
yielded little evidence of any significant wildlife habitation on the site. The Arizona Game
and Fish Department (AZGFD) has commented on the proposed project regarding
measures to protect wildlife encountered on the site. The Sonoran Desert Tortoise and
the Western Burrowing Owl were identified as the two species of most concern in this
area. Satisfaction of those comments are part of required conditions of the companion
Zone Change with Overlay case.
Plants
The applicant will salvage or dispose of protected native plants in accordance with AAC
Title 3, Chapter 3, Article 11.
Scenic Views
The narrative describes the proposed hydrogen facility as having an “industrial
appearance” as there will be several tall towers, exposed pipes, and large tanks on site.
However, the narrative states that the size of the parcel will allow the facility to be setback
as far as possible from the highway and freeway, measures that the applicant claims will
mitigate any detriment to scenic views of the area.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The applicant’s narrative states that the request is consistent with the overall intent of the
Comprehensive Plan by addressing the Strategic Priorities for Maricopa County such as creating
a benefit and asset to the county and by not introducing uses that would be detrimental to the
surrounding environment, neighbors, existing infrastructure, or create a financial burden for the
general public. The applicant argues that this is demonstrated through the economic benefits
provided in consumption and export of the product (liquid hydrogen), the hiring of workers and
government revenue gained through the proposal. In addition, the narrative asserts that the
project contributes to an effective and efficient infrastructure and diversifies the energy portfolio
of the county.
The extent to which the amendment is consistent with the specific goals and policies contained
within the plan.
The applicant’s narrative contains a substantial list of Goals and Policies from the Vision 2030
Maricopa County Comprehensive Plan. This staff report identifies which Goals and Policies the
applicant’s narrative addressed.
Vision 2030 Maricopa County Comprehensive Plan
Land Use Element – Goal 3, Policy 20, Policy 21, Policy 22, Policy 27
Transportation Element – Goal 2, Policy 11
Environment Element – Goal 1, Policy 5
Economic Growth Element –Goal 2, Policy 6, Policy 10
Energy Element –Goal 2, Policy 2
CPA2023009 and Z2023059
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Other pertinent information as requested by the Maricopa County Planning Department Staff.
The applicant was responsive and provided quality information as requested by Maricopa County
Planning Department Staff.
5.
The subject property did not have any significant history prior to the current pursuit of change in
land use designation and zoning entitlement. There was a temporary use permit for a
meteorological monitoring station, TU2022018, administratively approved on May 13, 2022, over
400 sq feet of the far northwestern corner of the subject site. The initial pre-application meeting
on the proposal was held on November 8, 2022. The formal submittal of both CPA2023009 and
Z2023059 occurred on May 5, 2023 and the technical advisory committee meeting was held on
June 6, 2023.
REGULATION
BASE ZONING
DISTRICT
REGULATIONS (IND-3)
PROPOSED ZONING REGULATIONS
(IND-3 IUPD)
Height
40’
150’
Min. Front Yard
20’(abutting any major
street, section line
road, state or federal
highway)
20’ (abutting any major street, section
line road, state or federal highway)
Min. Side Yard
5’
5’
Min. Rear Yard
25’ (abutting rural or
residential)
25’ (abutting rural or residential)
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Uses Permitted
All uses permitted in
the IND-3 zoning
district
Hydrogen production and ancillary
uses including electrical sub station
only
Load and Unloading
Regulations
For all wholesale,
manufacturing and
industrial buildings
there shall be one
loading and unloading
space for each 10,000
sq ft of floor area
For all wholesale, manufacturing and
industrial buildings there shall be
one loading and unloading space for
each 100,000 sq ft of floor area
CPA2023009 and Z2023059
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Site Screening
Solid masonry wall not
less than 6’ in height
Minimum 6’ chain-link fence topped
with barbed wire along all property
lines
Parking
Minimum One stall per
600 square feet of
floor area
Minimum One stall per 10,000
square feet of floor area
Carpool stalls
15% of required
parking shall be
designated carpool
stalls
Minimum of 10 carpool stalls
2023 aerial
CPA2023009 and Z2023059
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Zoning Map
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural - 43 / vacant
North:
Rural - 43 / vacant
South:
Rural - 43 / Salome Hwy then ROW for Interstate 10
East:
Rural - 43 / vacant
West:
Rural - 43 / vacant
Utilities and Services:
7.
Water:
On-site wells to Harquahala aquifer via water transfer rights
Wastewater:
On-site septic
School District:
Arlington Elementary School District and Buckeye Union High School
District
Fire:
Harquahala Fire District
Police:
Maricopa County Sherriff’s Office
Right-of-Way:
CPA2023009 and Z2023059
Page 8 of 12
8.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Salome Hwy
60’
65’
Minor Arterial
Adopted Plan:
9.
Vision 2030 Maricopa County Comprehensive Plan: The entire site (approx. 172.49 acres) is
designated as Rural Development Area (0-1 d.u./ac.). The Rural Development Area land use
designation encourages low-density rural residential and agricultural uses.
Public Participation Summary:
10.
The applicant performed satisfactory public participation that met and exceeded minimum
requirements and expectations. The applicant sent notice of the proposals to all property owners
within half a mile of the subject site, well beyond the required 300’ notification buffer, as well as
all identified areas of interest. In addition the site was posted with signage according to all
requirements laid forth in the ordinance. The applicant reported one response via email
requesting information on hearing date and location. The applicant stated that follow-up
information was provided to the inquire, but no continued communication commenced. This is
consistent with the level of response received from staff, with only one email in opposition. The
lone email in opposition posed some general concerns over altering historic drainage patterns.
Staff notes that a grading and drainage plan for the site will need to be approved by the county
engineering staff prior to any construction approvals for the facility. Staff has received
communication from several state and federal agencies, including Arizona Game & Fish, Arizona
State Land Department and Luke Air Force Base. In general staff received responses of interest
but no concern. Arizona Game and Fish included some requested conditions of approval which
are discussed below.
Outstanding Concerns from Reviewing Agencies:
11.
N/A
Staff Analysis:
12.
The applicant has made a poignant argument for the proposed heavy industrial land use
designation in order to allow for a large-scale hydrogen production facility. Staff recognizes the
benefits of the county becoming a front runner in hydrogen production as hydrogen is becoming
an alternative fuel source with rapidly expanding potential. The change in land use designation
will bring clear economic benefits from large-scale financial investment, temporary construction
jobs and permanent high skilled employment opportunities. Staff notes that while 30 permanent
jobs in a large metropolitan area may not seem significant, they represent a much larger benefit
in a remote area where job sites are scarce and far apart. Staff concurs with the applicant’s
assessment that the remote area is suitable for such a use as it will ensure the least amount of
impact to human habitation. Staff notes that the site is over seven miles west of the western
boundary of the Tonopah/Arlington Area Plan and is outside of the Phoenix Active Management
Area.
CPA2023009 and Z2023059
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Proximity to Tonopah / Arlington Area Plan
13.
Staff had some initial concerns over water usage for the proposed site as water is essentially
used as a raw material to produce the desired product. The applicant has provided ample
documentation that they have a secure water source that will serve the site for the projected
lifespan of the facility, which the applicant states is estimated to be 30 years. The site is not
within the Phoenix Active Management Area but rather located within the Harquahala Irrigation
non-expansion Area. The applicant provided documentation of rights to use water stored in the
VIDLER Underground Storage Facility, which is in La Paz County. Since the subject site is within
the same aquifer as the underground storage, the applicant may draw their allotted supply from
on site wells. As such, staff have no concerns over water usage on site.
14.
Along with the zone change with overlay request, the applicant has also requested several
standards to be altered in order to best serve the proposed facility. Perhaps the most visually
impactful is the request to allow structures up to 150’, which is well above the base zoning height
maximum of 40’. The applicant made a strong argument justifying the height as necessary for
the type of equipment that will be a part of the facility. The applicant states that the tallest
structures on site will be vent stacks but other components to the site will include electrolyzes,
liquefaction equipment, hydrogen storage structures, truck loading equipment, and associated
infrastructure including an electrical sub station to process electricity coming onto the site (the
site will not generate electricity). Additionally, the narrative points to the fact that the site was
specifically selected so that the height and size of the facility would provide as minimal visual
impacts as possible. The applicant made a similar argument in conjunction with the request for
reduced site screening, which is requested to be a 6’ chain link fence topped with barbed wire.
Staff notes that with the increased height of 150’, and the sheer size of the site in general, a solid
screen wall of 6’ in height would do little to obscure much of the site. As such staff has no
objections to the requested reduction in screening requirements. The remaining requests are all
related to parking and loading/unloading spaces. Staff is of the general opinion that with the
remote location of the site, parking and loading stalls mostly only be utilized by employees of the
facility. As such staff feels that the applicant should know best what the parking needs of the
site are, and has no concern of reducing the parking standards to fit their needs. Additionally, it
should be noted that the use of the site is limited to only hydrogen production and ancillary uses.
As such, any new use would require a modification to the IUPD overlay, at which time the parking
may be re-evaluated to ensure it is still appropriate.
CPA2023009 and Z2023059
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Conceptual Rendering Provided By Applicant
15.
Arizona Game and Fish submitted a comprehensive review complete with several recommended
conditions to ensure minimal impact to the wildlife that inhabit the subject area. These include
additional surveys to ensure with certainty the presence, or lack thereof, of the Sonoran Desert
Tortoise and the western burrowing owl. If either species is identified AGFD requests
coordination with their department to ensure best practices are employed in clearing and
relocating the species prior to development of the site. It is also recommended that no animal is
relocated more than a quarter mile from the subject site. The department also detailed several
recommended design and use guidelines to minimize wildlife impacts during both construction
and the life of the facility. These include back filling trenches or providing escape ramps,
employing deterrent methods to discourage avian use of the evaporation pond, minimizing site
lighting, among others. Staff concurs with their recommendations.
16.
Staff supports both of the applicant’s proposals. The applicant provided ample evidence to
support the change in land use designation as being in line with county goals and policies. A
strong case has been made that the change will be very beneficial for the county and the state as
a whole. Additionally, staff has no concerns over the requested zone change with overlay. Any
such, concerns that may be accompanied with such a large scale industrial development have
been quelled by the applicant’s diligence in selecting a remote area that shall prove to provide
minimal disturbance once the use is up and running. Further, the IUPD overlay will limit the site
to just hydrogen production, and ancillary uses, so staff is not concerned with the potential for
another, unrelated use to occur onsite without additional entitlement.
Recommendation:
CPA2023009 and Z2023059
Page 11 of 12
17.
Staff recommends the Commission adopt a motion recommend that the Board of Supervisors
approve CPA2023009
18.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023059 subject to the following conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Gila Hydrogen“, consisting of 2 full-size sheets, dated August 17, 2023, and
stamped received August 17, 2023, except as modified by the following conditions. Staff
may determine slight refinements to remain in substantial conformance with the approved
site plan. Minor and major amendments to the site plan will be determined in accordance
with Chapter 3 of the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Gila Hydrogen Facility”, consisting of 41 pages, dated August 17, 2023 and
stamped received August 17, 2023, except as modified by the following conditions.
c.
The following conditions as per Arizona Game and Fish recommendations shall apply:
1. The applicant shall coordinate with Arizona Game and Fish to come up with an
acceptable plan of removal if any evidence of Sonoran Desert Tortoise or the Western
Burrowing Owl are found on site.
2. Deterrent measures shall be in place to prevent birds and other wildlife gathering at
the evaporation pond.
3. All other recommendations provided by Arizona Game and Fish shall be adhered to,
whenever possible, as per the letter dated June 2, 2023.
d.
The following Planning Engineering Conditions shall apply:
1. Without submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed buildings,
drainage design, access and roadway alignments, These items will be addressed as
development plans progress and are submitted to the County for further review
and/or entitlement.
2. Dedication of right-of-way across the Salome highway site frontage (both parcels) is
required to provide 65’ half-width from center. Dedication shall occur prior to the
issuance of building permits.
3. Right-of-way preservation along the east side of 523rd ave shall be 25’
4. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with section 1205 of the Maricopa
County Zoning Ordinance; Drainage Policies and Standards; floodplain Regulations
for Maricopa County; MDOT Roadway Design Manual; and current engineering
policies standards, and best practices at the time of application for construction.
e.
The following IND-3 IUPD standards shall apply to the site:
1. Maximum Height: 150’
2. Parking: one stall per 10,000 sq ft floor area
3. Carpool Parking Stalls: Minimum 10 dedicated carpool stalls
4. Site Screening: minimum 6’ chain link fence topped with barbed wire
CPA2023009 and Z2023059
Page 12 of 12
5. Loading and Unloading spaces: one loading/unloading space per 100,000 sq feet of
floor area
6. Use: use of site shall be limited to production of hydrogen and ancillary uses
f.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
g.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the Zone Change
is granted and reverting to the prior zoning results in the same value of the property as if
the Zone Change had never been granted.
Presented by:
Joseph Mueller, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Maps (2 pages)
Land Use Exhibit (reduced 8.5”x11”, 1page)
Zoning Exhibit (reduced 8.5”x11”, 1 Page)
Narrative Report (CPA2023009) (11 pages)
Narrative Exhibits (CPA2023009) (9 pages)
Narrative Report (Z2023059) (20 pages)
Narrative Exhibits (CPA2023009) (21 pages)
MCDOT Future Right-of-way Memo (2 pages)
MCESD comments (4 pages)
DPR comments (3 pages)
AZGF Comments (15 pages)
ASLD Response (1 page)
LAFB Response (2 pages)
opposition (1 page)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 173 approx.
Generated October 10, 2023 3:00 PM
CPA2023009
Application Name:
Legal Description
Gila Hydrogen Facility
Applicant
Case Address
,
STEPHEN ANDERSON for GAMMAGE & BURNHAM
Applicant Phone/Email
Parcel Primary:
602.256.4422
SANDERSON@GBLAW.COM
Map scale 1:8,158
Supervisor District No.
GILA HYDROGEN FACILITY
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 173 approx.
Generated October 10, 2023 3:12 PM
Z2023059
Application Name:
Legal Description
GILA HYDROGEN FACILITY
Applicant
Case Address
,
STEPHEN ANDERSON for GAMMAGE & BURNHAM
7653 N 523RD Ave
Applicant Phone/Email
Parcel Primary:506-18-038A
602.256.4422
SANDERSON@GBLAW.COM
TONOPAH AZ 85354
Map scale 1:8,158
Supervisor District No.
ZONE CHANGE WITH OVERLAY RURAL - 43 TO I-3 IUPD
100'
100'
SALOME HASSAYAMPA ROAD
100'-0" EXISTING PUBLIC R/W
HARQUAHALA VALLEY DISTRIBUTION SYSTEM
U.S.B.R. TRACT No. HV-L-5
125'-0" R/W
OWNER: WIS PARTNERS IV LLC
APN: 506-18-004G RU-43
OWNER: WIS PARTNERS IV LLC
APN: 506-18-001A RU-43
OWNER: BUREAU OF LAND MANAGEMENT (BLM)
APN: N/A RU-43
OWNER: VERMA MD2 515 / SALOME HWY 128 LLC
APN: 506-18-037F RU-43
OWNER: VERMA MD2 515 / SALOME HWY 128 LLC
APN: 506-18-037E RU-43
OWNER: STATE TRUST LAND
APN: N/A
OWNER: STATE TRUST LAND
APN: N/A
APN 506-18-038C
172.199 ACRES (SURVEYED)
25' REAR YARD SETBACK LINE
5' SIDE YARD SETBACK LINE
5' SIDE YARD SETBACK LINE
25' REAR YARD SETBACK LINE
1836.29'
3147.79'
3422.03'
411.21'
2347.02'
20' FRONT YARD SETBACK LINE
5' SIDE YARD SETBACK LINE
5' SIDE YARD SETBACK LINE
15' ANTICIPATED DEDICATION
20' ROW RESERVATION
5' SIDE YARD SETBACK LINE
20' ROW RESERVATION
20'
5'
15'
20'
15'
20'
20'
5'
25
25'
20' FRONT YARD SETBACK LINE
15' ANTICIPATED DEDICATION
EXISTING ASPHALT ROADWAY (2 x 12' LANES)
50' FENCE SETBACK FROM PROPERTY LINE
TO AVOID EXISTING RUNOFF DIVERSION
DITCH ALONG WEST SIDE OF WATER CANAL
APN 506-18-038B
0.291 ACRES (SURVEYED)
A
ISSUED FOR PERMIT
OPEN
D. LEWIS
T. SHIN
DRAWING NUMBER
PROJ MGR
ENG MGR
LEAD ENG
ENGINEER/DESIGN
ORIGINATOR
D. LEWIS
DATE
REV
CHECKED BY
DESIGN BY
T. JOHNSTON
M. SMITH
G. ROUSH
1
2
3
4
5
6
7
8
9
F
E
D
C
B
A
20043365-CS-102
- PRELIMINARY -
NOT FOR CONSTRUCTION
10
11
H
G
GILA HYDROGEN, LLC
GILA H2 FACILITY
SCALE: 1" = 100'-0"
S C A L E I N F E E T
100
0
100
200
ZONING STATISTICS
CURRENT ZONING: RURAL-43
PLANNED ZONING: IND-3 IUPD HEAVY INDUSTRIAL UNIT PLAN
OF DEVELOPMENT
PARCELS: APN 506-18-038A, APN 506-18-038B
TOTAL PROPERTY AREA: 172.49 ACRES
MAXIMUM LOT COVERAGE = 60% OF LOT AREA
NOTES
1. THE HORIZONTAL PROJECT DATUM IS BASED UPON THE STATE PLANE COORDINATE SYSTEM;
NAD83 ARIZONA STATE PLANE, CENTRAL ZONE.
2. BASED ON THE NATIONAL FLOOD INSURANCE PROGRAM FIRM MAP NO. 04013C1525M, MAP REVISED SEPTEMBER 18,
2020, THE SUBJECT PROPERTY LIES WITHIN FLOOD ZONE X AND IS IDENTIFIED AS FOLLOWS: 0.2% ANNUAL CHANCE
FLOOD HAZARD, AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR WITH
DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE.
3. SEWAGE/GRAY WATER GENERATED AT THE SITE WILL BE HANDLED WITH AN ON-SITE SEPTIC TANK AND LEACH FIELD
SYSTEM.
4. FIRE COVERAGE IS PROVIDED BY HARQUAHALA FIRE DISTRICT STATION 371 WHICH IS LOCATED APPROX. 9 MILES SOUTH
OF THE SUBJECT PROPERTY. FIRE SERVICE IS DISPATCHED BY THE PHOENIX FIRE REGIONAL DISPATCH CENTER.
GILA HYDROGEN, LLC
ZONING EXHIBIT
B
ISSUED FOR PERMIT
OPEN
D. LEWIS
M. SMITH
VICINITY MAP
PROJECT
LOCATION
A
ISSUED FOR PERMIT
OPEN
D. LEWIS
T. SHIN
DRAWING NUMBER
PROJ MGR
ENG MGR
LEAD ENG
ENGINEER/DESIGN
ORIGINATOR
D. LEWIS
DATE
REV
CHECKED BY
DESIGN BY
T. JOHNSTON
M. SMITH
G. ROUSH
1
2
3
4
5
6
7
8
9
F
E
D
C
B
A
20043365-CS-103
- PRELIMINARY -
NOT FOR CONSTRUCTION
10
11
H
G
GILA HYDROGEN, LLC
GILA H2 FACILITY
GILA HYDROGEN, LLC
ZONING EXHIBIT
B
ISSUED FOR PERMIT
OPEN
D. LEWIS
M. SMITH
PROPERTY DESCRIPTION
DESCRIPTION FROM TITLE COMMITMENT:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED, IN THE COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1: INTENTIONALLY DELETED.
PARCEL NO. 2:
LOTS 3 AND 4: THE WEST HALF OF LOT 2 AND THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER; WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 9 WEST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, LYING NORTH OF THE RIGHT OF WAY (100 FEET WIDE) OF THE HASSAYAMPA-SALOME ROAD WHICH ROAD IS
DESCRIBED IN STATE OF ARIZONA PATENT NO. 5718 AS FOLLOWS:
BEGINNING AT A POINT OF THE EAST LINE OF SAID SECTION 3, WHICH POINT BEARS SOUTH 0 DEGREES 10 MINUTES 33 SECONDS WEST 619.56 FEET FROM THE EAST
QUARTER CORNER THEREOF;
THENCE SOUTH 0 DEGREES 10 MINUTES 33 SECONDS WEST ALONG SAID EAST SECTION LINE, A DISTANCE OF 103.52 FEET;
THENCE NORTH 74 DEGREES 50 MINUTES 42 SECONDS WEST 5098.91 FEET TO A BEARING EQUATION POINT, AT WHICH POINT NORTH 74 DEGREES 50 MINUTES 42 SECONDS
WEST = NORTH 74 DEGREES 53 MINUTES 31 SECONDS WEST;
THENCE NORTH 74 DEGREES 53 MINUTES 31 SECONDS WEST 336.12 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1482.39 FEET. A DISTANCE OF 36.73 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 3,
WHICH POINT BEARS SOUTH 0 DEGREES 09 MINUTES 31 SECONDS WEST 1941.44 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 0 DEGREES 09 MINUTES 31 SECONDS EAST ALONG SAID WEST SECTION LINE, A DISTANCE OF 104.55 FEET;
THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 72 DEGREES 15 MINUTES 03 SECONDS EAST ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1382.39
FEET, A DISTANCE OF 63.72 FEET;
THENCE SOUTH 74 DEGREES 53 MINUTES 31 SECONDS EAST 336.12 FEET TO A BEARING EQUATION POINT, AT WHICH POINT SOUTH 74 DEGREES 53 MINUTES 31 SECONDS
EAST = SOUTH 74 DEGREES 50 MINUTES 42 SECONDS EAST;
THENCE SOUTH 74 DEGREES 50 MINUTES 42 SECONDS EAST 5072.15 FEET TO THE POINT OF BEGINNING;
EXCEPT ALL OIL, GASES, AND OTHER HYDROCARBON SUBSTANCES, HELIUM OR OTHER SUBSTANCES OF A GASEOUS NATURE, GEOTHERMAL RESOURCES, COAL, STONE,
METALS, MINERALS, FOSSILS AND FERTILIZER OF EVERY NAME AND DESCRIPTION AND EXCEPT ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE
DETERMINED BY THE LAWS OF THE STATE OF ARIZONA, THE UNITED STATES OF AMERICA, OR DECISIONS OF COURTS TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF
FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED IN SECTION 37-231 ARIZONA REVISED STATUTES; AND
EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
THIS PAGE IS ONLY A PART OF A 2016 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY. THIS COMMITMENT IS
NOT VALID WITHOUT THE NOTICE; THE COMMITMENT TO ISSUE POLICY; THE COMMITMENT CONDITIONS; SCHEDULE A; SCHEDULE B, PART I- REQUIREMENTS; AND
SCHEDULE B, PART II-EXCEPTIONS; AND A COUNTER-SIGNATURE BY THE COMPANY OR ITS ISSUING AGENT THAT MAY BE IN ELECTRONIC FORM.
81C165 COMMITMENT FOR TITLE INSURANCE (ADOPTED 6-17-06 REVISED 08-01-2016)
A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 9 WEST , GILA AND SALT RIVER BASE AND MERIDIAN, SAID PARCEL BEING A
PORTION OF PARCEL 37, AS SHOWN ON ASSESSOR'S MAP IN BOOK 506, MAP 18, RECORDS OF MARICOPA COUNTY, SAID PARCEL CONTAINS AN AREA OF 8.19 ACRES, MORE
OR LESS, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 THAT BEARS SOUTH 89 DEGREES 20 MINUTES 17 SECONDS EAST 3147.79 FEET
FROM THE NORTHWEST CORNER OF THE SAID SECTION 3;
THENCE SOUTH 89 DEGREES 20 MINUTES 17 SECONDS EAST 134.89 FEET ALONG SAID NORTH LINE;
THENCE LEAVING SAID NORTH LINE SOUTH 21 DEGREES 25 MINUTES 11 SECONDS EAST 2853.49 FEET TO A POINT ON THE EAST-WEST MIDSECTION LINE OF SAID SECTION 3;
THENCE NORTH 88 DEGREES 59 MINUTES 45 SECONDS WEST ALONG THE SAID EAST-WEST MIDSECTION LINE 135.22 FEET;
THENCE LEAVING SAID MIDSECTION LINE NORTH 21 DEGREES 25 MINUTES 11 SECONDS WEST 2852.62 TO SAID POINT OF BEGINNING.
PARCEL NO. 3:
THAT PART OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 9 WEST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, DESCRIBED AS FOLLOWS:
EXACT LEGAL TO BE PROVIDED BY SURVEYOR
APN: 506-18-038A, 506-18-038B
PROPERTY DESCRIPTION
AS SURVEYED DESCRIPTION:
PARCEL NO. 2:
LOTS 3 AND 4; THE WEST HALF OF LOT 2 AND THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER; WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER; NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 9 WEST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, LYING NORTH OF THE RIGHT OF WAY (100 FEET WIDE) OF THE HASSAYAMPA-SALOME ROAD WHICH ROAD IS
DESCRIBED IN STATE OF ARIZONA PATENT NO. 5718
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
U.S.B.R. TRACT NO. HV-L-5, AS SHOWN ON THE DECLARATION OF TAKING, PARCEL 3 OF DOCUMENT NO. 84 182029, KNOWN AS THE HARAQUAHALA VALLEY DISTRIBUTION
SYSTEM 125 FOOT RIGHT OF WAY.
LAND USE EXHIBIT
Rural Development Area
Rural Development Area
Current Land Use Designation: Rural Development Area
Proposed Land Use Designation: Heavy Industrial
Subject Area Legal Description:
Heavy Industrial
11834.6.3578297.2
MINOR COMPREHENSIVE PLAN AMENDMENT
GILA HYDROGEN FACILITY NARRATIVE
Located at NEC of Salome Highway and 523rd Avenue, approximately 10 miles west of Tonopah
Requests: Minor Comprehensive Plan Amendment to change land use designation from Rural
Development Area to Heavy Industrial
Case No.
CPA2023009
Original Submittal: May 5, 2023
2nd Submittal: August 17, 2023
Gammage & Burnham PLC / Stephen W. Anderson
(602) 256-4422 | sanderson@gblaw.com
11834.6.3578297.2
i
TABLE OF CONTENTS
OVERVIEW OF PROPOSAL ............................................................................................................... 1
PURPOSE OF REQUEST .................................................................................................................... 3
RELATIONSHIP TO SURROUNDING PROPERTIES............................................................................. 3
LOCATION AND ACCESSIBILITY ....................................................................................................... 4
COMPREHENSIVE PLAN ANALYSIS .................................................................................................. 4
CONCLUSION ................................................................................................................................... 8
11834.6.3578297.2
Page 2 of 11
TABLE OF EXHIBITS
EXHIBIT 1 – Aerial Map
EXHIBIT 2 – Vicinity Map
EXHIBIT 3 – Existing Comprehensive Plan Amendment Map
EXHIBIT 4 - Proposed Comprehensive Plan Amendment Map
EXHIBIT 5 – Legal Description of Site
EXHIBIT 6 – Harquahala Fire District Will Serve Letter
EXHIBIT 7 – Site Renderings
11834.6.3578297.2
Page 1 of 11
OVERVIEW OF PROPOSAL
A.
Hydrogen as an Alternative Energy Source
Arizona already plays a key role in the nation’s drive for energy independence and the
transition away from fossil fuels. Palo Verde Nuclear Generating Station is the country’s largest
nuclear power plant, producing no greenhouse gases. Thousands upon thousands of acres of
previously vacant Arizona desert now produce hundreds of megawatts of solar energy, using
clean, quiet, carbon-free, photovoltaic cells. Arizona is at the industry forefront of the electric
vehicle (EV) sector, whether it be Lucid’s 2022 Motor Trend Car of the Year or Nikola’s new trucks
coming off the assembly line in Coolidge.
Gila Hydrogen, LLC (the “Applicant”), a wholly-owned, indirect subsidiary of NextEra
Energy Resources, LLC, the world’s largest producer of solar and wind energy, is collaborating
with Linde, the world’s leading industrial gases company with over 150 hydrogen plants in
operation, to develop the Gila Hydrogen Facility (the “Facility”). The Applicant now seeks
Maricopa County’s permission to develop this Facility. When done, the Gila Hydrogen Facility is
expected to produce up to 120 metric tonnes of liquid hydrogen each day. The hydrogen this
Facility produces will provide a significant alternative energy option for virtually any purpose.
One example would be corporate fleets. The hydrogen from this Facility could power as many as
3,000 trucks, eliminating both their reliance on diesel – in excess of 60 million gallons per year –
and their production of carbon emissions and other pollutants, all while reducing America’s
dependence on imported oil. The only emission from these vehicles will be water vapor, reducing
carbon emissions by 850,000 metric tonnes per year. The Applicant has already initiated
discussions with major fleet operators who are excited about this new opportunity to advance
their decarbonization goals.
The Applicant expects to invest up to $1 billion developing the Gila Hydrogen Facility. Like
other energy plants in the County, the Applicant also expects to pay significant taxes, about $40
million in state income and local property taxes over the first twenty years of operation. That
figure does not include sales taxes from construction, or income tax impacts from either
construction or permanent payroll. The Applicant projects that the Facility will generate
approximately 300 constructions jobs. Once operational, the Facility will create approximately
30 highly skilled, on-site jobs and approximately 60 positions for truck drivers to distribute the
hydrogen from the Facility to customers.
B. Proposed Comprehensive Plan Amendment
The Gila Hydrogen Facility will be an industrial facility producing clean liquid hydrogen.
Specifically, the Facility will be located on Maricopa County Assessor Parcel Numbers 506-18-
038B and -038C (the “Site”), located 10 miles west of Tonopah, approximately 0.2 miles north of
the Interstate 10 and immediately adjacent to W. Salome Highway. The Site identified for this
project is ideal for the needs of such a facility. See Exhibit 1, Aerial Map of Site.
11834.6.3578297.2
Page 2 of 11
The Site is appropriately sized. It is 173 acres, which will be sufficient for the Applicant to
construct and operate all of the hydrogen generation facilities, while also providing ample
vehicular maneuvering spaces and a generous setback for its primary equipment areas.
The Site is ideally located. It is both remote from any settled areas while being proximate
to Interstate 10. To reiterate, the Site is 10 miles west of Tonopah. The nearest structures are
on a farm at the north end of the Harquahala Valley, more than a mile away on the other side of
the Interstate. Despite its isolation from any actual settlement, the Facility is just a few thousand
feet away from the Salome Road interchange to and from I-10. This gives the Facility the ability
to transport hydrogen via truck east to Phoenix or west to California, giving it access to an
enormous market of potential customers. See Exhibit 2, Vicinity Map.
The Site is not located within any Planning Area identified in the Maricopa County Vision
2030 Comprehensive Plan. As a result, it is designated as Rural Development Area. The Applicant
has selected the Site precisely because of this isolation. This proposed industrial use will not be
near any existing residences or businesses, and also lies completely outside the path of any
proposed residences or businesses, indeed, of any planned area at all. In addition, the Site is
relatively flat and has no major drainage features. Likewise, it is not occupied by any sensitive
plant or animal species, so it is an environmentally suitable parcel for remote, industrial use.
Finally, although the Site is isolated, it is also proximate to an existing interchange along
Interstate 10, so it has ready, and uncongested, freeway access. For these reasons, the County
should approve the proposed Comprehensive Plan Amendment designating this Site for
Industrial use.
11834.6.3578297.2
Page 3 of 11
PURPOSE OF REQUEST
A.
Statement of Specific Applications
To facilitate the development of the Gila Hydrogen Facility, the Applicant respectfully requests
the following:
1. Minor Amendment to County Comprehensive Plan to change designation of property
from Rural Development Area to Heavy Industrial; and
2. Rezone from Rural-43 One Acre Per Dwelling Unit (RU-43) to Heavy Industrial (IND-3)
Industrial Plan of Development (IUPD).
See Exhibits 3 and 4, Existing Comprehensive Plan Map and Proposed Comprehensive Plan
Amendment Map. See also Exhibit 5, Legal Description. The rezoning request is the subject of
a separate narrative document.
B.
Description of Proposal
The Gila Hydrogen Facility will produce up to 120 metric tonnes of hydrogen each day.
The hydrogen this Facility produces will provide a significant alternative energy option for
virtually any purpose. As detailed above, one example would be corporate fleets. The hydrogen
from this Facility has the potential to save 60 million gallons of diesel fuel use each year and
reduce carbon emissions by 850,000 metric tons per year. Forklifts would be another clear
opportunity for the use of hydrogen in a corporate fleet setting.
RELATIONSHIP TO SURROUNDING PROPERTIES
As has been thoroughly detailed above, the Applicant has carefully and thoughtfully
selected this Site because of its remote location near an isolated I-10 interchange. There are
essentially no neighbors. Thus, the Facility will have no adverse impact in terms of visibility,
noise, or odor. There is sufficient space for the necessary transmission corridor to and from a
nearby APS substation. The adjacent freeway interchange that serves little other traffic will allow
for easy on and off access for the limited number of trucks and employee vehicles that will be
making regular use of the Site.
11834.6.3578297.2
Page 4 of 11
The surrounding properties, uses and zoning are as follows. Note that every single
surrounding parcel is vacant.
Location
Use
Current Zoning
Onsite
Vacant
RU-43
North
Vacant
RU-43
East
Vacant
RU-43
South
Vacant, Salome Highway
RU-43
West
Vacant, 523rd Avenue
RU-43
Northwest
Vacant
RU-190
LOCATION AND ACCESSIBILITY
The Site is located ten miles west of Tonopah. There are no nearby residences and
adjacent properties have rural zoning. The nearest structures are on a farm at the north end of
the Harquahala Valley, more than a mile away on the other side of the Interstate.
The Site is located right off the Salome Road interchange with I-10. This interchange does
not see significant use today, nor is significant use planned for the foreseeable future. The Gila
Hydrogen Facility will have an insignificant volume of traffic that will make fair use of this existing
infrastructure.
COMPREHENSIVE PLAN ANALYSIS
According to the Maricopa County Vision 2030 Comprehensive Plan’s Land Use Guide,
Unincorporated areas outside of county area plans are designated Rural Development Area.
Below is an analysis of how the amendment meets the intent of the overall Comprehensive Plan.
1. Whether the amendment constitutes an overall improvement to the Comprehensive
Plan and is not solely for the good or benefit of a particular landowner or owners at a
particular point in time.
The proposed amendment appropriately allows for the development of a significant
industrial facility in a remote location that is close to a freeway interchange. The
proposed industrial facility will make a significant contribution to the transition to
renewable energy sources, allowing for significant gains in air quality. It also represents
a huge investment in the County. The amendment allows for these various community
benefits in a location that will not adversely impact any County residents, any sensitive
lands or species, or any public infrastructure.
11834.6.3578297.2
Page 5 of 11
2. Whether the amendment will adversely impact all or a portion of the planning area
by:
Altering acceptable land use patterns to the detriment of the area plan?
The Site is outside any planning area, so the proposal does not impact any area plan. The
proposed industrial use is appropriate for a location in close proximity to an existing
freeway interchange.
Requiring public expenditures for larger and more expensive infrastructure
improvements to roads, sewer, or water systems than are needed to support the
planned uses.
The amendment will not require any public infrastructure expenditures at all. The
Applicant will be financially responsible for all of its water and wastewater needs. The
Site is served by an existing freeway interchange and adjacent road. The Applicant will
be providing additional right of way, but its traffic report indicates that it creates no need
for any additional road improvements at this time. The Applicant has already secured a
will serve letter from the local fire district. See Exhibit 6.
Adversely impacting planned uses because of increased traffic?
The amendment will not cause adverse impacts to the area due to increased traffic. The
applicant’s traffic generation will be minimal, and can use the existing road and
interchange. There are no other planned uses in the area at this time.
Affecting the livability of area or the health or safety of present and future residents?
There are no present residents anywhere within a mile of this site, and Tonopah is ten
miles to the east. The area cannot sustain future residents without the development of
significant infrastructure, none of which is anywhere nearby. The Applicant selected this
site precisely because of its isolation, so that it would not impact anyone’s health or
safety. Having said that, as already noted, the Applicant already has a will serve letter
from the local Fire District. Hydrogen production’s general safety record and the
extensive safety steps involved in this federally regulated Facility are detailed in the
separate rezoning narrative.
Adversely impacting the natural environment or scenic quality of the area in
contradiction to the plan.
To reiterate, the Site is relatively flat and lacks significant drainage features. The
Applicant has already completed a Biological Survey of the Site, and determined that
there are no significant plant or animal species on the Site. The Applicant is including that
Survey along with this submittal. The immediate area is not noted for any unique scenic
qualities. The Facility is not expected to be significantly visible to passersby on the
Interstate. A rendering of the Facility from I-10 is included as Exhibit 7.
11834.6.3578297.2
Page 6 of 11
3. Consistent with overall intent of CP
The proposed amendment is consistent with the overall intent of the Comprehensive
Plan. The Amendment will place a heavy industrial land use in an area isolated from any
existing or planned future development, and will not impact any County residents or
businesses. At the same time, the Amendment utilizes a Site that has no environmentally
sensitive issues. In addition, the Site is adequately served by the adjacent road and
nearby freeway interchange, and the Applicant intends to provide the rest of its needed
infrastructure at its own expense. Thus, the Amendment has no adverse financial impact
on the County or its residents.
4. Consistent with specific goals and policies
The proposed amendment supports specific goals and policies set forth for the
Comprehensive Plan as follows:
Land Use
Land Use Policy #20: Maricopa County supports reducing the impacts of new
urban development on existing rural land uses and agriculture.
Response: The isolation of this Facility will have no impact on existing rural
land uses or agriculture, which are located at least a half mile away on the
other side of the Interstate.
Land Use Policy #21: Maricopa County supports reducing the impacts of new rural
development and agriculture on existing urban land uses.
Response: The isolation of this Facility will have no impact on any existing
urban land uses, which are many miles away.
Land Use Policy #22: Maricopa County supports reducing the impacts of new
development on environmentally sensitive areas, including native flora and fauna
habitat and corridors.
Response: The Applicant’s Biological Survey indicates that the Site is not
an environmentally sensitive area, and lacks significant native flora or
fauna habitat or corridors.
Land Use Policy #27: Maricopa County supports keeping development out of
delineated floodways and, where necessary, 100-year floodplains.
Response: The Site has no significant drainage features.
Transportation
Transportation Policy #11: Maricopa County supports National Ambient Air
Quality Standards (NAAQS) compliance.
Response: The proposed Amendment is for a hydrogen facility that will very
likely provide fuel allowing corporate trucking fleets to convert from fossil fuels
to clean-burning hydrogen which produces only water vapor as a by-product,
eliminating hundreds of tonnes of exhaust.
11834.6.3578297.2
Page 7 of 11
Environment
Environment Goal #1: Provide regional leadership to promote all aspects of
regional environmental quality.
Response: The County has already been a leader in the development of nuclear
and solar energy resources to replace fossil fuel use. This opportunity to
embrace hydrogen as yet another renewable energy source is consistent with
that history.
Environment Policy #1: Maricopa County supports its Compliance Assurance
model approach to meet federal air quality standards.
Response: The proposed Amendment is for a hydrogen facility that will very
likely provide fuel allowing corporate trucking fleets to convert from fossil fuels
to clean-burning hydrogen which produces only water vapor as a by-product,
eliminating hundreds of tonnes of exhaust.
Environment Policy #5: As directed by SHPO and Arizona Game and Fish
Department, Maricopa County supports cultural resource and biological surveys
being completed – and needed mitigation measures established – prior to new
development.
Response: The Applicant has completed a Biological Survey and included it with
this application. It indicates that no mitigation is required.
Economic Growth
Economic Growth Goal #2: Have a diverse and balanced economy to promote
long-term economic stability and economic resiliency.
Response: The County has nuclear and solar energy, but there is no significant
hydrogen facility currently proposed in unincorporated Maricopa County. This
Facility is expected to have a development budget of approximately $2 billion.
It represents an extraordinarily significant investment in a part of the County
which otherwise would likely not see any development.
Economic Growth Policy #6: Maricopa County supports efforts to recruit
prospective businesses and industries to the county, and efforts to retain existing
businesses and industries.
Response: The business proposal here represents a generational,
transformative investment that has little precedent.
Economic Growth Policy #10: Maricopa County supports leveraging its solar
resource potential to attract solar-related industries and alternative energy
research and development.
Response: Alternative energy development is the purpose of this proposed
Amendment.
11834.6.3578297.2
Page 8 of 11
Energy
Energy Goal #2: Make Maricopa County a leader in alternative energy research
and development. -AND-
Energy Policy #6: Maricopa County supports being a responsible leader in
alternative energy research and development.
Response: The proposed Amendment will make Maricopa County a leader
in the hydrogen field.
CONCLUSION
The Gila Hydrogen Facility will be a game changer for the County, the State and the nation.
It will address our country’s critical need to identify new fuel sources for our vital transportation
logistics and overall economy. At the same time, it will safely and dramatically reduce air
pollution and carbon emissions. This massive investment is a significant step toward our better
collective future.
This Comprehensive Plan Amendment designating the Site for Industrial land use allows
this substantial and innovative project to proceed. It does so at a Site that is appropriately
isolated, environmentally benign, and well-served by existing transportation infrastructure. The
County should approve the proposed Comprehensive Plan Amendment.
EXHIBIT 1
Subject Property
+/- 176 acres
AERIAL MAP OF SITE
523RD AVE
EXHIBIT 2
Subject
Property
MARICOPA COUNTY LINE
VICINITY MAP*
*2019 Aerial Photo
EXHIBIT 3
EXISTING COMPREHENSIVE PLAN LAND USE DESIGNATION
Rural Development Area
Rural Development Area
RURAL DEVELOPMENT
AREA
EXHIBIT 4
PROPOSED COMPREHENSIVE PLAN LAND USE DESIGNATION
Rural Development Area
Rural Development Area
Industrial
EXHIBIT 5
20180001423
EXHIBIT "A"
Lots 3 and 4; the West half of Lot 2 and that portion of the South half of the Northwest
quarter; West half of the Southwest quarter of the Northeast quarter; Northwest quarter of
the Northwest quarter of the Southeast quarter of Section 3,Township 2 North, Range 9
West, of the Gila and Salt River Base and Meridian, Maricopa County, lying North of the
right of way (100 feet wide) of the Hassayampa-Salome Road which road is described in
State of Arizona Patent No. 5718 as follows:
BEGINNING at a point of the East line of said Section 3, which point bears South 0
degrees 10 minutes 33 seconds West 619.56 feet from the East quarter comer thereof;
Thence South 0 degrees 10 minutes 33 seconds West along said East section line, a
distance of 103.52 feet;
Thence North 74 degrees 50 minutes 42 seconds West 5098.91 feet to a Bearing Equation
Point, at which point North 74 degrees 50 minutes 42 seconds West / North 74 degrees
53 minutes 31 seconds West;
Thence North 74 degrees 53 minutes 31 seconds West 336.12 feet;
Thence along the arc of a curve to the right having a radius of 1482.39 feet, a distance of
36.73 feet to a point on the West line of said Section 3, which point bears South 0 degrees
09 minutes 31 seconds West 1941.44.,..•Acn,-7,,7, 'he Northwest comer thereof;
Thence North 0 degrees 09 minutes 31 seconds East along said West Section line, a
distance of 104.55 feet;
Thence from a Local Tangent Bearing of South 72 degrees 15 minutes 03 seconds East
along the arc of a curve to the left having a radius of 1382.39 feet, a distance of 63.72
feet;
Thence South 74 degrees 53 minutes 31 seconds East 336.12 feet to a Bearing Equation
Point, at which point South 74 degrees 53 minutes 31 seconds East / South 74 degrees 50
minutes 42 seconds East;
Thence South 74 degrees 50 minutes 42 seconds East 5072.15 feet to the POINT OF
BEGINNING;
EXCEPT all oil, gases, and other hydrocarbon substances, helium or other substances of
a gaseous nature, geothermal resources, coal, stone, metals, minerals, fossils and fertilizer
of every name and description and except all uranium, thorium, or any other material
which is or may be determined by the laws of the State of Arizona, the United States of
America, or decisions of courts to be peculiarly essential to the production of fissionable
20180001423
materials, whether or not of commercial value, as reserved in Section 37-231 Arizona
Revised Statutes; and
EXCEPT the following described property lying within Parcel 1:
A parcel of land in the Northeast quarter of Section 3, Township 2 North, Range 9 West,
Gila and Salt River Meridian, said parcel being a portion of parcel 37, as shown on
Assessor's Map in Book 506, Map 18, records of Maricopa County, said Parcel contains
an area of 8.19 acres, more or less, and is more particularly described as follows:
BEGINNING at a point in the North line of the Northeast quarter of said Section 3 that
bears South 89 degrees 20 minutes 17 seconds East 3147.79 feet from the Northwest
comer of the said Section 3;
Thence South 89 degrees 20 minutes 17 seconds East 134.89 feet along said North line;
Thence leaving said North line South 21 degrees 25 minutes 11 seconds East 2853.49
feet to a point on the East-West midsection line of said Section 3;
Thence North 88 degrees 59 minutes 45 seconds West along the said East-West
midsection line 135.22 feet;
Thence leaving said midsection line North 21 degrees 25 minutes 11 seconds West
2852.62 feet to said POINT OF BEGINNING.
Unofficial Document
EXHIBIT 6
Harquahala Valley Fire District
Susan Corbin – Chair, Larry Deneen – Clerk,
Charlie Kooistra – Member, Chip Main – Member, Chester Daffern – Member
Jeff McMenemy – Fire Chief
Harquahala Valley Fire District
51510 W Tonto Street, Tonopah AZ. 85354
Office 928-372-2249
Cell- 602-882-0434
Jmcmenemy@hfdaz.org
DATE: 6/22/2022
TO:
Jonathan Hichborn, PE
NextEra Energy Resources
APN:
506-18-038A
RE:
Will Serve Letter
ADDRESS:_7653 N 523rd Avenue, Tonopah AZ. 85354
Thank you for inquiring about fire and rescue services that are provided by the Harquahala Valley Fire District. The above referenced
property falls within the boundaries of the District. Accordingly, we will provide fire and emergency medical services for the structures
and occupants. The ISO rating for the above referenced parcel is 8B.
If you have any questions, please feel free to contact me.
Sincerely,
Jeff McMenemy
Fire Chief
EXHIBIT 7
Conceptual Site Renderings
Conceptual Site Renderings
Conceptual Site Renderings
11834.6.3577914.1
Page 1 of 20
ZONE CHANGE WITH OVERLAY
GILA HYDROGEN FACILITY NARRATIVE
Located at NEC of Salome Highway and 523rd Avenue, approximately 10 miles west of Tonopah
Request: Rezone from RU-43 to IND-3 IUPD
Case No.
Z2023059
Original Submittal: May 5, 2023
2ND Submittal: August 17, 2023
Gammage & Burnham PLC / Stephen W. Anderson
(602) 256-4422 | sanderson@gblaw.com
11834.6.3577914.1
Page 2 of 20
TABLE OF CONTENTS
OVERVIEW OF PROPOSAL...................................................................................................................4
PURPOSE OF REQUEST ................................................................................................................................. 6
RELATIONSHIP TO SURROUNDING PROPERTIES ....................................................................................... 11
LOCATION AND ACCESSIBILITY .................................................................................................................. 12
CIRCULATION SYSTEM ................................................................................................................................ 13
DEVELOPMENT SCHEDULE (PHASING) ...................................................................................................... 14
COMMUNITY FACILITIES AND SERVICES .................................................................................................... 15
PUBLIC UTILITIES AND SERVICES ................................................................................................................ 16
INDUSTRIAL UNIT PLAN OF DEVELOPMENT – DISTRICT REGULATIONS ................................................... 17
JUSTIFICATION FOR THE INDUSTRIAL UNIT PLAN OF DEVELOPMENT ..................................................... 19
CONCLUSION .............................................................................................................................................. 20
11834.6.3577914.1
Page 3 of 20
TABLE OF EXHIBITS
EXHIBIT 1 – Aerial Map
EXHIBIT 2 – Vicinity Map
EXHIBIT 3 – Proposed Comprehensive Plan Amendment Map
EXHIBIT 4 – Proposed Rezoning Map
EXHIBIT 5 – Conceptual Site Plan
EXHIBIT 6 – Site Renderings
EXHIBIT 7 – Harquahala Fire District Will Serve Letter
EXHIBIT 8 – Arizona Department of Water Resources Account Summary
EXHIBIT 9 – Water Rights Maps
11834.6.3577914.1
Page 4 of 20
OVERVIEW OF PROPOSAL
A. Hydrogen as an Alternative Energy Source
Arizona already plays a key role in the nation’s drive for energy independence and the
transition away from fossil fuels. Palo Verde Nuclear Generating Station is the country’s largest
nuclear power plant, producing no greenhouse gases. Thousands upon thousands of acres of
previously vacant Arizona desert now produce hundreds of megawatts of solar energy, using
clean, quiet, carbon-free, photovoltaic cells. Arizona is at the industry forefront of the electric
vehicle (EV) sector, whether it be Lucid’s 2022 Motor Trend Car of the Year or Nikola’s new trucks
coming off the assembly line in Coolidge.
Gila Hydrogen, LLC (the “Applicant”), a wholly-owned, indirect subsidiary of NextEra
Energy Resources, LLC, the world’s largest producer of solar and wind energy, is collaborating
with Linde, the world’s leading industrial gases company with over 150 hydrogen plants in
operation, to develop the Gila Hydrogen Facility (the “Facility”). The Applicant now seeks
Maricopa County’s permission to develop this Facility. When done, the Gila Hydrogen Facility is
expected to produce up to 120 metric tonnes of liquid hydrogen each day. The hydrogen this
Facility produces will provide a significant alternative energy option for virtually any purpose.
One example would be corporate fleets. The hydrogen from this Facility could power as many as
3,000 trucks, eliminating both their reliance on diesel – in excess of 60 million gallons per year –
and their production of carbon emissions and other pollutants, all while reducing America’s
dependence on imported oil. The only emission from these vehicles will be water vapor, reducing
carbon emissions by 850,000 metric tonnes per year. The Applicant has already initiated
discussions with major fleet operators who are excited about this new opportunity to advance
their decarbonization goals.
The Applicant expects to invest up to $1 billion developing the Gila Hydrogen Facility. Like
other energy plants in the County, the Applicant also expects to pay significant taxes, about $40
million in state income and local property taxes over the first twenty years of operation. That
figure does not include sales taxes from construction, or income tax impacts from either
construction or permanent payroll. The Applicant projects that the Facility will generate
approximately 300 constructions jobs. Once operational, the Facility will create approximately
30 highly skilled, on-site jobs and approximately 60 positions for truck drivers to distribute the
hydrogen from the Facility to customers.
B. Proposed Rezoning
The Gila Hydrogen Facility will be an industrial facility producing clean liquid hydrogen.
Specifically, the Facility will be located on Maricopa County Assessor Parcel Numbers 506-18-
038A and -038B (the “Site”), located 10 miles west of Tonopah, approximately 0.2 miles north of
the Interstate 10 and immediately adjacent to W. Salome Highway. The Site identified for this
project is ideal for the needs of such a facility. See Exhibit 1, Aerial Map of Site.
11834.6.3577914.1
Page 5 of 20
The Site is appropriately sized. It is 173 acres, which will be sufficient for the Applicant to
construct and operate all of the hydrogen generation facilities, while also providing ample
vehicular maneuvering spaces and a generous setback for its primary equipment areas.
The Site is ideally located. It is both remote from any settled areas while being proximate
to Interstate 10. To reiterate, the Site is 10 miles west of Tonopah. The nearest structures are
on a farm at the north end of the Harquahala Valley, more than a mile away on the other side of
the Interstate. Despite its isolation from any actual settlement, the Facility is just a few thousand
feet away from the Salome Road interchange to and from I-10. This gives the Facility the ability
to transport hydrogen via truck east to Phoenix or west to California, giving it access to an
enormous market of potential customers. See Exhibit 2, Vicinity Map.
Because of its isolation from any established land uses, the Site will have no impact on
the surrounding area. Because of its proximity to an isolated stretch of the Interstate, the Facility
will have minimal impact on traffic. As noted in the traffic report provided with this application,
the limited volume of increased traffic is not expected to adversely impact traffic flows in the
vicinity. For these reasons, the County should approve the proposed rezoning of this remote Site.
11834.6.3577914.1
Page 6 of 20
PURPOSE OF REQUEST
Statement of Specific Applications
To facilitate the development of the Gila Hydrogen Facility, the Applicant respectfully requests
the following:
1. Minor Amendment to County Comprehensive Plan to change designation of property
from Rural Development Area to Heavy Industrial; and
2. Rezone from Rural-43 One Acre Per Dwelling Unit (RU-43) to Heavy Industrial (IND-3)
Industrial Plan of Development (IUPD).
See Exhibits 3 and 4, Proposed Comprehensive Plan Amendment Map and Proposed Rezoning
Map. The Comprehensive Plan Amendment has been addressed in a separate narrative
document.
Description of Proposal
The Gila Hydrogen Facility will produce up to 120 metric tonnes of hydrogen each day.
The hydrogen this Facility produces will provide a significant alternative energy option for
virtually any purpose. As detailed above, one example would be corporate fleets. The hydrogen
from this Facility has the potential to save 60 million gallons of diesel fuel use each year and
reduce carbon emissions by 850,000 metric tons per year. Forklifts would be another clear
opportunity for the use of hydrogen in a corporate fleet setting.
11834.6.3577914.1
Page 7 of 20
DESCRIPTION OF ZONING EXHIBIT AND OPERATIONS
The Site is 173 acres. It is located ten miles west of Tonopah, in an appropriately remote
location with excellent access to Interstate 10. As a result of its isolation, it will not have an
adverse impact on adjacent land uses. See Exhibit 5, Conceptual Site Plan.
A. Creating Hydrogen
The Facility has been located and designed to have a minimal impact on the surrounding area.
To reiterate, the Site is close to no existing land uses. The Facility as proposed will include
hydrogen generation equipment (electrolyzers), liquefaction equipment to convert hydrogen gas
to a liquid for economic storage and distribution, hydrogen storage, a truck loading facility and
associated infrastructure including electrical equipment, water treatment systems, air and/or
cooling water systems, and safety/control systems.
The hydrogen generation equipment will consist of electrolyzers that use electricity to split
water into oxygen and hydrogen gas. The hydrogen gas will be processed through a liquefaction
system that uses cryogenic fluids and compressors to cool the hydrogen to -423 degrees
Fahrenheit where it converts to a liquid. At this temperature, the hydrogen can be economically
stored and transported by truck.
As suggested by the extreme temperatures and chemical processes involved, the main part
of the Facility will have an industrial appearance, with piping, process and electrical equipment,
tanks, cooling towers, etc. The tallest components of the Facility will be vent stacks (piping),
which will rise to height up to 150 feet above grade. The attached bird’s eye view rendering
gives an idea of the Facility layout. See Exhibit 6, Site Renderings.
The Applicant has designed the Facility to further isolate the main mass of industrial
operations within the Site. The industrial component of the Facility utilizes a limited portion of
the Site, the bulk of which is set aside for evaporation ponds, stormwater management features,
and open space. The industrial equipment actually takes up about a third of the Site. The
Applicant has taken advantage of this configuration by pushing the vertically developed part of
the project into the northern portion of the Site, the more remote part of the Site. This further
reduces any visibility of the Facility from I-10.
The Applicants have developed a rendering indicating the expected level of visibility of the
Facility from I-10. See again Exhibit 6, Site Renderings. As the I-10 rendering indicates, the
Facility will be a relatively small, industrial landmark on the horizon. In that regard, the Facility
will be a footnote to passersby, much like Palo Verde Nuclear Generating Station or the Hickman
Egg Farm (although the Egg Farm is closer to the Interstate and therefore more visible than this
Facility). In this regard, the proposed rezoning will have no significant impact on County
residents.
11834.6.3577914.1
Page 8 of 20
B. Safe Handling of Hydrogen
The production, storage and use of hydrogen is a well-proven practice. According to the U.S.
Department of Energy, approximately 10 million metric tonnes of hydrogen are already being
produced annually in the U.S. In fact, the Applicant and its team have many facilities that already
store and use hydrogen for power generation purposes.
Ensuring the safety of employees and the community is the highest priority. The Facility will
be designed, built and operated in accordance with all federal, state and local regulations. That
starts with performing process hazard analyses, designing robust safety systems, setting rigorous
operating standards and developing emergency response plans in coordination with local first
responders. The Applicant has already met and had detailed discussions with leadership at the
Harquahala Fire District.
Numerous protection features will be implemented to ensure the safe operation of the
Facility. The Facility design will incorporate gas detection devices, continuous monitoring of
processes, and automatic emergency shutdown features. Additionally, physical setbacks to
property boundaries, particularly Salome Road, will be designed into the Facility to ensure safe
operation.
Hydrogen production is subject to significant regulatory oversight. The primary safety
oversight in this case is expected to be the federal government, through both the Environmental
Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). These
agencies will require the Applicant to draft and implement a Risk Management Program and
Process Safety Management System (RMP/PSMS), pursuant to applicable federal regulations.
The RMP/PSMS document will identify on-site procedures and the personnel responsible for
them on both a daily operational basis and in the event of an emergency. Linde brings an
outstanding record of safe, reliable facilities, as the result of more than 70 years of production
experience, and highly skilled system design, engineering, and execution teams. Linde takes
pride in some of the most stringent safety practices in the industry, practices which will either
meet or exceed all applicable federal regulations.
The Applicant has already met with the Harquahala Fire District, which is the local first
responder agency for this remote Site. This is the first step in an ongoing relationship during the
design, construction and initial operation of the Facility to ensure safe operation. The District
has issued us a will-serve letter, which is included here as Exhibit 7, Harquahala Fire District Will
Serve Letter.
C. The Role of Water at the Facility
Water is the foundational element in the production of hydrogen. The Applicant estimates
the Facility’s maximum daily water use could be up to 1.12 million gallons per day (“GPD”), or
about 3.44 acre feet per day. The projected life span of the Facility is about 30 years.
11834.6.3577914.1
Page 9 of 20
To ensure an adequate water supply for the Facility, the Applicant has acquired 55,000 acre-
feet (“AF”) of water, in the form of Long Term Storage Credits (“LTSCs”) within the Harquahala
Irrigation Non-Expansion Area (the “INA”). This water supply easily meets and exceeds the
expected lifespan of the Facility. A copy of the Applicant’s Water Account with the Arizona
Department of Water Resources evidencing this water right is attached as Exhibit 8. In order to
utilize its rights, the Applicant will have to file annual reports with ADWR regarding its actual
water use. If the Facility’s production capacity expands in the future, Applicant is prepared to
purchase additional LTSCs.
The Applicant’s water supply has unique geographic features that make it particularly
appropriate for the proposed Facility. As Exhibit 8 indicates, the Applicant acquired these rights
from the Vidler Water Company. The Vidler Water Company developed these rights within the
INA. Maps illustrating the location of the Vidler site, the subject property, the INA, and the
Phoenix Active Management Area are attached as Exhibit 9. As a general matter, water rights
within the INA cannot practically be relocated outside the INA at this time – in other words, the
Applicant’s water cannot be used in the broader Phoenix AMA. Furthermore, because both
Vidler and the Facility are located within the INA, the Applicant may extract its water rights
directly on the Site. The Applicant does not need to pipe water from the Vidler location.
There is currently only one well at the site. The Applicant can, and expects to, develop
additional, new recovery wells on the Site to access its water rights. This will include water
storage tanks to provide redundancy and reliability. Applicant is still evaluating the specifications
and precise locations of the additional recovery wells that it intends to operate. To secure final
approval to operate the recovery wells, Applicant will comply with all ADWR regulations
necessary for the recovery well permits. The recovery well permit process will include a well
impact analysis regarding nearby wells, but at this time, ADWR records do not indicate the
presence of any nearby wells. As these details indicate, the water rights and their use at the
Facility are both environmentally responsible and consistent with Arizona’s vitally important
Groundwater Code.
The Applicant will use its well water for fire protection, process makeup water for electrolysis,
and cooling water. The Applicant might also use the well water for potable service, and, if it does
so, will comply with the Public Water System application process and the New Source Approval
process with MCESD. (The Applicant might otherwise choose to import potable water via truck.)
Evaporation ponds and/or other methods will be utilized for treatment and disposal of process
wastewater, water treatment system reject, and cooling water system blowdown.
D. Distributing the Hydrogen
Once the Facility has produced the hydrogen, it will be shipped by tanker trucks to its final
destination. It is anticipated that about sixty (60) tanker trucks a day will visit the Facility, load,
and leave. The Facility is anticipated to have thirty (30) or fewer full-time employees at any given
time, therefore employee traffic should not be an issue either. No significant traffic impacts at
this remote interchange or along the Interstate are expected as a result of transporting the
11834.6.3577914.1
Page 10 of 20
hydrogen or employees traveling to and from the Facility. Out at this remote interchange, that
will not create any traffic issues, and on the Interstate, it will be a drop in an ocean. A traffic
impact statement is being submitted along with this application.
E. Powering the Production of Hydrogen
Both the electrolysis process and the liquefication process for producing hydrogen require a
significant amount of energy. Scientists have created a color spectrum to refer to the method of
production used to separate and capture the hydrogen (which is and remains colorless
throughout the production process). Hydrogen can be produced using renewable energy such
as solar and wind, and hydrogen produced using this energy source is called “green” hydrogen.
As another example, hydrogen can be produced using nuclear power like that from the Palo
Verde Nuclear Generating Station, and hydrogen produced using this energy source is called
“pink” hydrogen.
The Applicant for the Gila Hydrogen Facility has not made a final determination regarding its
energy source, and thus what color designation its hydrogen will bear. However, the Applicant
is primarily focused on producing green hydrogen. Solar energy is already abundant in Arizona
in general, and in western Maricopa County in particular, and can be readily purchased off the
Western power grid from the APS Delaney substation, a couple miles to the southeast. In
addition, the surrounding miles of vacant lands could host new solar farms to directly serve the
Facility.
Regardless of what power source the Applicant chooses, the hydrogen produced at this
Facility will have the same end result: the diversification of our nation’s power supplies and the
reduction of carbon emissions, most likely from the vital transportation sector.
11834.6.3577914.1
Page 11 of 20
RELATIONSHIP TO SURROUNDING PROPERTIES
As has been thoroughly detailed above, the Applicant has carefully and thoughtfully
selected this Site because of its remote location near an isolated I-10 interchange. There are
essentially no neighbors. Thus, the Facility will have no adverse impact in terms of visibility,
noise, or odor. There is sufficient space for the necessary transmission corridor to and from a
nearby APS substation. The adjacent freeway interchange that serves little other traffic will allow
for easy on and off access for the limited number of trucks and employee vehicles that will be
making regular use of the Site.
The surrounding properties, uses and zoning are as follows. Note that every single
surrounding parcel is vacant.
Location
Use
Current Zoning
Onsite
Vacant
RU-43
North
Vacant
RU-43
East
Vacant
RU-43
South
Vacant, Salome Highway
RU-43
West
Vacant, 523rd Avenue
RU-43
Northwest
Vacant
RU-190
11834.6.3577914.1
Page 12 of 20
LOCATION AND ACCESSIBILITY
The Site is located ten miles west of Tonopah. There are no nearby residences, and
adjacent properties have rural zoning. The nearest structures are on a farm at the north end of
the Harquahala Valley, more than a mile away on the other side of the Interstate.
The Site is located right off the Salome Road interchange with I-10. This interchange does
not see significant use today, nor is significant use planned for the foreseeable future. The Gila
Hydrogen Facility will have an insignificant volume of traffic that will make fair use of this existing
infrastructure.
11834.6.3577914.1
Page 13 of 20
CIRCULATION SYSTEM
At 173 acres, the Site has ample room to accommodate all truck maneuvering
requirements and employee parking needs.
There are no conflicting activities between the Site and the I-10 interchange that would
hamper truck turning movements.
11834.6.3577914.1
Page 14 of 20
DEVELOPMENT SCHEDULE (PHASING)
The Applicant anticipates developing the Gila Hydrogen Facility in a single phase. The
Applicant aims to start construction in 2024 and estimates that actual construction and
commissioning will take approximately 30 months. Because the Facility can come on line
sequentially, it could commence initial operations as early as 2025, with full operations underway
around mid-2026.
11834.6.3577914.1
Page 15 of 20
COMMUNITY FACILITIES AND SERVICES
Community Facilities and Services Table
Facility
Distance from Site
Provider
Burnt Well Rest Area Westbound
+/- 6 miles
Arizona Department of Transportation
Tonopah Valley High School
+/- 17 miles
Saddle Mountain Unified School District
Ruth Fisher Elementary School
+/- 17 miles
Saddle Mountain Unified School District
Robbins Butte Game Preserve
+/- 34 miles
Arizona Game & Fish Department
11834.6.3577914.1
Page 16 of 20
PUBLIC UTILITIES AND SERVICES
Public Utilities and Services Table
Utility
Provider
Water
Private, onsite Harquahala aquifer
Sewer
Onsite septic
Gas
N/A
Communications
TBD
Refuse
TBD
Law Enforcement
Maricopa County Sheriff
Fire and Emergency Medical Services
Harquahala Fire District
Electric
APS
Telephone
TBD
11834.6.3577914.1
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INDUSTRIAL UNIT PLAN OF DEVELOPMENT – DISTRICT REGULATIONS
IND-3 IUPD DISTRICT REGULATIONS
IND-3 DISTRICT REGULATIONS
PROPOSED IND-3 IUPD DISTRICT
REGULATIONS
Permitted Uses
-
Hydrogen Production Facility,
including accessory electrical
substation and other power
equipment, and distribution
facilities
Maximum Building Height
40 feet
150 feet. Along the east,
south, and west property lines
a 2:1 setback will be provided
for every foot of height over 40
feet.
Minimum Front Yard (south
side)
Abutting any major street,
section line road, State or
Federal highway not less than
20 feet
Abutting any major street,
section line road, State or
Federal highway not less than
20 feet
Minimum Perimeter Side Yard
(east and west sides)
Where a lot is adjacent to a
rural or residential zoning
district, there shall be a side
yard on the side of the lot
adjacent to such rural or
residential zoning district having
a width of not less than five
feet.
Where a lot is adjacent to a
rural or residential zoning
district, there shall be a side
yard on the side of the lot
adjacent to such rural or
residential zoning district having
a width of not less than five
feet.
Minimum Rear Yard (north side)
None required (see Chapter 9,
Section 902., Article 902.3. -
Height Regulations) except that
where a lot abuts a rural or
residential zoning district
whether or not separated by an
alley, there shall be a rear yard
having a depth of not less than
25 feet.
Where a lot abuts a rural or
residential zoning district
whether or not separated by an
alley, there shall be a rear yard
having a depth of not less than
25 feet.
Minimum Lot Area
6,000 square-feet
6,000 square-feet
Minimum Lot Width
60-feet
60-feet
Maximum Lot Coverage
60%
60%
Loading and Unloading
Regulations
For all wholesale,
manufacturing and industrial
buildings hereafter erected, or
for any building converted to
such use or occupancy, there
shall be provided one loading
and unloading space for each
10,000 square feet of floor area,
For all wholesale,
manufacturing and industrial
buildings hereafter erected, or
for any building converted to
such use or occupancy, there
shall be provided one loading
and unloading space for each
100,000 square feet of floor
11834.6.3577914.1
Page 18 of 20
or fraction thereof, devoted to
such use in the building.
area, or fraction thereof,
devoted to such use on the site.
Additional Regulations:
Site Enclosure and Screening
Requirements
Industrial sites and/or uses shall
be enclosed to provide effective
site screening from adjoining
properties, uses or streets as
follows: a. Adjacent to any rural
or residential zone, automobile
parking shall be screened from
view. b. A solid masonry wall
not less than six feet in height
shall be required along and
adjacent to any side or rear
property line abutting any rural
or residential zone boundary, or
any alley abutting such zone
boundary. Further, any access
gates shall be constructed of
view-obscuring material to
provide effective site screening.
c. The perimeter of any portion
of a site not adjacent to a rural
or residential zone boundary
upon which any outdoor use of
an industrial nature is permitted
shall be enclosed to a height of
not less than six feet by building
walls, walls or fences of any
view-obscuring material. No
outdoor industrial use or
enclosure thereof shall
encroach into any required
setback area adjacent to any
street, nor shall any storage
products or materials exceed
the height of any such
enclosure.
A chain link fence not less than
six feet in height topped with
barbed wire. Barbed wire /
concertina shall be a minimum
of eight feet above natural
grade. Security fencing shall be
required along and adjacent to
any and all property lines.
Parking
One per 600 square feet of floor
area, per MCZO Section
1102.1.5
One per 600 feet of regularly
occupied floor space (excluding
equipment areas).
Lighting
MCZO Section 1112
MCZO Section 1112
Sign Regulations
MCZO Section 1404
MCZO Section 1404
11834.6.3577914.1
Page 19 of 20
JUSTIFICATION FOR THE INDUSTRIAL UNIT PLAN OF DEVELOPMENT
The purpose of the Industrial Unit Plan of Development is to allow variations in the
development standards in industrial projects that require special design techniques or flexibility
due to topography, innovative or sustainable project design, or other considerations. Given the
size and nature of the proposed facility, minimal and modest modifications are being requested.
These modifications are not being made to allow the applicant to “overuse” the Property or in a
manner that is excessive of reasonable and substantial property rights.
This application requests modifications to the following:
Maximum Building Height. The maximum height allowed within the IND-3 zoning district
is 40’. This proposal is requesting an extended height allowance of up to 150’ in order to
accommodate proposed vent stacks, cold box equipment structures, and hydrogen
storage spheres. Water storage tanks, and other equipment enclosures may also exceed
the 40’ height. All these vertical elements of the facility are strategically located further
to the north, in the more remote area of the Property, further reducing visibility from the
I-10. To further reduce any potential impact, along the east, south, and west property
lines a 2:1 setback will be provided for every foot of height over 40 feet. The remainder
of the development will be in compliance with the standard 40-foot maximum height.
Loading. This Facility will be producing hydrogen that will then be transferred off site by
tanker trucks. A significant amount of the industrial space of this site will be devoted to
processing equipment that does not trigger a need for loading for each such structural
space. Therefore, it would be appropriate to significantly reduce the standard loading
requirement to avoid constructing a large number of unnecessary loading spaces at each
structure that would waste resources and generate unwarranted heat. Instead,
centralized truck loading and unloading, including truck storage, is a primary use of the
site. Therefore, the site plan will provide a large truck loading area of approximately
17,000 square feet in size, almost half an acre. This will allow for both loading operations
themselves, as well as ample truck maneuvering and storage areas.
Site Enclosure and Screening. Due to the very remote location and immense size of this
Property a solid screen wall is not necessary. There is no development of any kind on the
adjacent, vacant desert land. There are no pedestrian paths or amenities in the area. A
chain link fence a minimum of 6-feet in height is requested along all property lines.
Furthermore, due to the nature of the proposed use, the chain link fence will be topped
with barbed wire in order to provide safety and security.
Parking. As previously indicated, the vast majority of floor space within the Facility will
be occupied by processing equipment which generates no need for parking spaces for
employees. The proposed standard follows the County’s regular parking requirement,
while making this important clarification.
11834.6.3577914.1
Page 20 of 20
CONCLUSION
The Gila Hydrogen Facility will be a game changer for the County, the State and the nation.
It will address our country’s critical need to identify new fuel sources for our vital transportation
logistics and overall economy. At the same time, it will safely and dramatically reduce air
pollution and carbon emissions. This massive investment is a significant step toward our better
collective future.
The rezoning sought here to secure this advance is completely appropriate. The Site is
extremely isolated, with no existing uses anywhere nearby. No County residents will be impacted
by the Facility. The traffic generated by this Facility is minimal, and will have no impact at the
nearby, remote interchange along I-10. Because of the ideal location, the County should approve
this rezoning request.
EXHIBIT 1
Subject Property
+/- 176 acres
AERIAL MAP OF SITE
523RD AVE
EXHIBIT 2
Subject
Property
MARICOPA COUNTY LINE
VICINITY MAP*
*2019 Aerial Photo
EXHIBIT 3
PROPOSED COMPREHENSIVE PLAN LAND USE DESIGNATION
Rural Development Area
Rural Development Area
Industrial
EXHIBIT 4
PROPOSED ZONING
Heavy Industrial
IND-3 IUPD
EXHIBIT 5
R=60'
R=60'
OWNER: WIS PARTNERS IV LLC
APN: 506-18-004G
OWNER: WIS PARTNERS IV LLC
APN: 506-18-001A
APN 506-18-038A
172.199 ACRES (SURVEYED)
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
GROUNDWATER WELL
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
EXISTING ASPHALT ROADWAY (2 x 12' LANES)
PROCESS EQUIPMENT AREA
(14.5 ACRES)
ELECTRICAL SWITCHYARD
(6.7 ACRES)
PROCESS
EQUIPMENT AREA
(9.3 ACRES)
PROCESS EQUIPMENT
AREA
(2.3 ACRES)
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
EVAPORATION POND
(50.0 ACRES)
GROUNDWATER WELL
SECURITY GATE
OPERATIONS BLDG.
(75'-0" x 75'-0")
OPERATIONS BLDG.
(70'-0" x 50'-0")
OPERATIONS BUILDING
(185'-0" x 85'-0")
PROCESS
EQUIPMENT
AREA
PROCESS
EQUIPMENT
AREA
LEACH
BED
R=75'
R=75'
DOUBLE SWING GATE
DOUBLE SWING GATE
R=75'
R=60'
PROCESS
EQUIPMENT
AREA
PROCESS
EQUIPMENT
AREA
R=75'
R=75'
R=45'
R=45'
R=45'
R=60'
R=75'
R=35'
R=35'
SECURITY GATE
8' CHAIN-LINK SECURITY
FENCE W/ BARBED WIRE
OPERATIONS BLDG.
(60'-0" x 50'-0")
SOUTH
PARKING LOT
5:1 PAVEMENT TAPER
STORMWATER MANAGEMENT
INFILTRATION BASIN
(BOTTOM AREA = 6.5 AC)
39.82'
20.00'
14.60'
100.00'
R=75'
OPERATIONS
BUILDING
(25'-0" x 20'-0")
R=75'
R=75'
PROCESS
EQUIPMENT
AREA
25.00'
R=75'
R=75'
25.00'
OPERATIONS BLDG.
(100'-0" x 80'-0")
R=75'
PROCESS EQUIPMENT AREA
(8.5 ACRES)
R=75'
575.00'
525.00'
144.50'
515.00'
148.24'
600.00'
1050.00'
25.00'
25.00'
25.00'
25.00'
820.00'
DOUBLE SWING GATE
DOUBLE SWING GATE
360.00'
350.00'
265.00'
370.00'
1100.00'
GROUNDWATER WELL
50' FENCE SETBACK FROM PROPERTY LINE
TO AVOID EXISTING RUNOFF DIVERSION
DITCH ALONG WEST SIDE OF WATER CANAL
PROCESS
EQUIPMENT
AREA
(4.5 ACRES)
APN 506-18-038B
0.291 ACRES (SURVEYED)
NORTH
PARKING LOT
376.72'
373.27'
318.00'
R=45'
615.00'
GROUNDWATER WELL
LEGEND
PROPERTY LINE
SETBACK LINE
8 FT. CHAIN-LINK FENCE W/ BARBED WIRE
BUILDING OUTLINE
PROCESS/EQUIPMENT ZONE BOUNDARY
CONCRETE/ASPHALT PAVEMENT
OPEN GRADED AGGREGATE SURFACING (PERVIOUS)
NATIVE SEED MIX
EVAPORATION POND W/ HDPE LINER
CONSTRUCTION LAYDOWN AREA
A
ISSUED FOR PERMIT
OPEN
T. JOHNSTON
---
DRAWING NUMBER
PROJ MGR
ENG MGR
LEAD ENG
T. JOHNSTON
DATE
REV
CHECKED BY
DESIGN BY
T. JOHNSTON
B. VANLONG
G. ROUSH
1
2
3
4
5
6
7
8
9
F
E
D
C
B
A
SITE PLAN
- PRELIMINARY -
NOT FOR CONSTRUCTION
10
11
H
G
GILA HYDROGEN, LLC
GILA H2 FACILITY
SCALE: 1" = 100'-0"
S C A L E I N F E E T
100
0
100
200
ZONING STATISTICS
CURRENT ZONING: RURAL-43
PLANNED ZONING: IND-2 LIGHT INDUSTRIAL
PARCELS: APN 506-18-038A, APN 506-18-038B
MAXIMUM HEIGHT ON SITE IS PROPOSED TO BE 150 FEET
TOTAL PROPERTY AREA: 172.49 ACRES
MAXIMUM LOT COVERAGE = 60% OF LOT AREA
PROVIDED LOT COVERAGE = 13.8% (BASED ON TOTAL BUILDING AREA & PROCESS
EQUIPMENT AREAS; SEE ZONING STATISTICS BELOW)
NOTES
1. THE HORIZONTAL PROJECT DATUM IS BASED UPON THE STATE PLANE COORDINATE SYSTEM;
NAD83 ARIZONA STATE PLANE, CENTRAL ZONE.
2. BASED ON THE NATIONAL FLOOD INSURANCE PROGRAM FIRM MAP NO. 04013C1525M, MAP REVISED SEPTEMBER 18, 2020, THE SUBJECT PROPERTY LIES
WITHIN FLOOD ZONE X AND IS IDENTIFIED AS FOLLOWS: 0.2% ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE
DEPTH LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE.
3. SEWAGE/GRAY WATER GENERATED AT THE SITE WILL BE HANDLED WITH AN ON-SITE SEPTIC TANK AND LEACH FIELD SYSTEM.
4. WATER SOURCED FROM FOUR (4) ON-SITE GROUNDWATER WELLS; ONE EXISTING WELL AND THREE NEW WELLS. WATER UTILIZED FOR PRODUCTION
PROCESSES, FIRE PROTECTION AND DOMESTIC USE WILL BE TREATED AND STORED ON-SITE WITHIN THE PROCESS EQUIPMENT AREAS DESIGNATED ON
THE SITE PLAN.
5. FIRE COVERAGE IS PROVIDED BY HARQUAHALA FIRE DISTRICT STATION 371 WHICH IS LOCATED APPROX. 9 MILES SOUTH OF THE SUBJECT PROPERTY.
FIRE SERVICE IS DISPATCHED BY THE PHOENIX FIRE REGIONAL DISPATCH CENTER.
B
ISSUED FOR PERMIT
OPEN
D. LEWIS
---
C
ISSUED FOR PERMIT
OPEN
D. LEWIS
---
D
ISSUED FOR PERMIT
OPEN
D. LEWIS
---
EXHIBIT 6
Conceptual Site Renderings
Conceptual Site Renderings
Conceptual Site Renderings
EXHIBIT 7
Harquahala Valley Fire District
Susan Corbin – Chair, Larry Deneen – Clerk,
Charlie Kooistra – Member, Chip Main – Member, Chester Daffern – Member
Jeff McMenemy – Fire Chief
Harquahala Valley Fire District
51510 W Tonto Street, Tonopah AZ. 85354
Office 928-372-2249
Cell- 602-882-0434
Jmcmenemy@hfdaz.org
DATE: 6/22/2022
TO:
Jonathan Hichborn, PE
NextEra Energy Resources
APN:
506-18-038A
RE:
Will Serve Letter
ADDRESS:_7653 N 523rd Avenue, Tonopah AZ. 85354
Thank you for inquiring about fire and rescue services that are provided by the Harquahala Valley Fire District. The above referenced
property falls within the boundaries of the District. Accordingly, we will provide fire and emergency medical services for the structures
and occupants. The ISO rating for the above referenced parcel is 8B.
If you have any questions, please feel free to contact me.
Sincerely,
Jeff McMenemy
Fire Chief
EXHIBIT 8
All volumes expressed in acre-feet (AF)
55,000.00
ACCOUNT BALANCE
70-461005.0000
ACCOUNT NAME
ACCOUNT NUMBER
HARQUAHALA FLATS SOLAR LLC LTSA
2021 LONG-TERM STORAGE ACCOUNT SUMMARY
6/27/2023
ARIZONA DEPARTMENT OF WATER RESOURCES
LTSA CREDITS CERTIFIED on 09/14/2022
TYPE OF WATER
LTSA RECEIVED FROM
VOLUME
CREDITS TRANSFERRED ACTIVITY
WSP NUMBER
70-461000.0000
73-564970.0000
CAP
BEGINNING BALANCE
0.00
TRANSFER IN, ON 11/03/2021, CREDIT YEAR = 1998
450.23
TRANSFER IN, ON 11/03/2021, CREDIT YEAR = 1999
799.77
TRANSFER IN, ON 12/21/2021, CREDIT YEAR = 1999
217.30
TRANSFER IN, ON 12/21/2021, CREDIT YEAR = 2000
757.40
CUMULATIVE WSP CREDIT BALANCE
2,224.70
VIDLER WATER COMPANY -
70-461000.0000
73-576699.0100
CAP
BEGINNING BALANCE
0.00
TRANSFER IN, ON 12/21/2021, CREDIT YEAR = 2001
2,178.51
TRANSFER IN, ON 12/21/2021, CREDIT YEAR = 2002
9,682.90
TRANSFER IN, ON 12/21/2021, CREDIT YEAR = 2003
22,292.27
TRANSFER IN, ON 12/21/2021, CREDIT YEAR = 2004
18,621.62
CUMULATIVE WSP CREDIT BALANCE
52,775.30
VIDLER WATER COMPANY -
TOTAL CREDIT BALANCE FROM TRANSFER ACTIVITY
55,000.00
Page 1 of 1
EXHIBIT 9
VIDLER Underground
Storage Facility (USF)
Gila Hydrogen Site
Harquahala Irrigation
Non-expansion Area (INA)
Harquahala Irrigation
Non-expansion Area (INA)
GILA HYDROGEN
Illustration of Vidler Water Rights
Harquahala Irrigation
Non-expansion
Area (INA)
VIDLER Underground
Storage Facility (USF)
Gila Hydrogen Site
Maricopa County
La Paz County
Yuma County
Pinal County
Gila County
Pima County
Yavapai County
GILA HYDROGEN
Illustration of Vidler Water Rights
Phoenix Active Management Area (AMA)
Pinal Active Management
Area (AMA)
Engineering Division
2901 W. Durango Street
Phoenix, Arizona 85009
P: 602.506.4889
F: 602.506.5969
February 21, 2023
Jae Koo Huh and Miriam Huh Family Trust
C/O: Gammage & Burnham
40 North Central Avenue, 20th Floor
Phoenix, Arizona 85004
Delivered via email: sanderson@gblaw.com
Re: Recommendation of Future MCDOT Right-of-Way – APN 506-18-038A and -038B – PA2022187
Dear Applicant:
Maricopa County Department of Transportation (MCDOT) has reviewed the request to waive the
requirement that the setback lines on the referenced properties be measured from the future half street
right-of-way as required by Section 1105 of the Maricopa County Zoning Ordinance. The subject properties
are located along two Section Line alignments (523rd Avenue and Northern Avenue), requiring the setback
lines be measured from a future half street right-of-way of 55-feet respectively.
Based on future traffic demand, it is recommended that the requirement for future half street right-of-way
be measured as follows:
•
25-feet for 523rd Avenue
•
0-feet for Northern Avenue
This recommendation pertains only to future right-of-way needs for a public roadway on the
identified alignments and does not consider legal access requirements, easements, drainage,
utilities, etc. which still apply to the subject property.
If you have any questions on this decision, I can be contacted at (602) 506-6172 or
Denise.Lacey@maricopa.gov.
Sincerely,
Denise Lacey
Planning Branch Manager
MCDOT Planning Branch
Cc:
Toral Patel, Planning and Development
Nicole Nelson, Planning and Development
Engineering Division
2901 W. Durango Street
Phoenix, Arizona 85009
P: 602.506.4889
F: 602.506.5969
Page 2
Bob Fedorka, Planning and Development
Michael Norris, Planning and Development
Joshua Sutter, Office of Enterprise Technology - GIS
Chris Turner, Office of Enterprise Technology – GIS
Elizabeth Valenzuela, MCDOT Permits
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
S u b d i vi s io n @ m a ri co p a .go v
e s d .m a r i c o pa .g o v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the GILA HYDROGEN FACILITY planning case(s). Please note the following MCESD
requirements for site development:
Drinking Water –
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15
service connections per day for at least 60 days per year is classified as a Public Water
System (PWS).
•
A Public Water System application and a New Source Approval application are
required and must be submitted to the MCESD’s Drinking Water Program. A water
quality analysis report will be required with submittal and is good within one-year of
testing.
An Approval to Construct application is required to be submitted to the MCESD’s
Subdivision & Infrastructure Program for all water system infrastructure.
•
For questions, please contact the Subdivision and Infrastructure Program at (602)
506-1058 or email subdivision@maricopa.gov
For additional Drinking Water related questions, please contact the Drinking Water program
at (602) 506-6935 or by email at sdwquestions@maricopa.gov.
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic)
system is required for any construction. Application must be submitted to the MCESD
Onsite Wastewater Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Project Name: GILA HYDROGEN FACILITY Primary Contact Name: STEPHEN
ANDERSON
Planning Application Type: Other (General
Comprehensive Plan Amendment)
APN(s): 506-18038A & 038B
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Joseph Mueller
Planning Case #: CPA2023009
Date: May 16, 2023
Water and Waste Management Division
Page | 2
Additional Notes –
Environmental Services does not require these items for condition of approval of CPA2023009 ,
however these items must be addressed with the development of the site. Environmental Services
does not require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
S u b d i vi s io n @ m a ri co p a .go v
e s d .m a r i c o pa .g o v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the ZONE CHANGE WITH OVERLAY RURAL - 43 TO I-3 IUPD planning case(s). Please note
the following MCESD requirements for site development:
Drinking Water –
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15
service connections per day for at least 60 days per year is classified as a Public Water
System (PWS).
•
A Public Water System application and a New Source Approval application are
required and must be submitted to the MCESD’s Drinking Water Program. A water
quality analysis report will be required with submittal and is good within one-year of
testing.
An Approval to Construct application is required to be submitted to the MCESD’s
Subdivision & Infrastructure Program for all water system infrastructure.
•
For questions, please contact the Subdivision and Infrastructure Program at (602)
506-1058 or email subdivision@maricopa.gov
For additional Drinking Water related questions, please contact the Drinking Water program
at (602) 506-6935 or by email at sdwquestions@maricopa.gov.
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic)
system is required for any construction. Application must be submitted to the MCESD
Onsite Wastewater Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Project Name: ZONE CHANGE WITH
OVERLAY RURAL - 43 TO I-3 IUPD
Primary Contact Name: STEPHEN
ANDERSON
Planning Application Type: Zone Change
with Overlay
APN(s): 506-18038A & 038B
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Joseph Mueller
Planning Case #: Z2023059
Date: May 16, 2023
Water and Waste Management Division
Page | 2
Additional Notes –
Environmental Services does not require these items for condition of approval of Z2023059 , however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Page 1 of 2
Bob Fedorka, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
bob.fedorka@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
June 2, 2023 (Revised 6/5/23)
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joseph Mueller, Planner, Planning & Development Services
cc:
Michael Norris P.E., Engineering Manager, Planning and Development
From:
Bob Fedorka, PE, Plans Examiner Engineer, Planning & Development
Subject:
Z2023059 – Zone Change without POD for Gila Hydrogen Facility
APN(s):
506-18-038A & 038B
This application is to specify zoning for future development and does not include a
Plan of Development.
Engineering Review has reviewed the first plan and report routed for review on
5/16/2023, for the subject application and has no objections subject to the following
conditions:
1. Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to number of
proposed buildings, drainage design, access and roadway alignments. These
items will be addressed as development plans progress and are submitted to
the County for further review and/or entitlement (i.e. POD).
2. Dedication of right-of-way across the Salome Highway site frontage (both
parcels) is required to provide 65’ half-width from center.
Dedication shall occur prior to the issuance of building permit(s). See
https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications
for
more
information on the dedication process.
3. Engineering review of re-zone cases is conceptual in nature. All development
and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design
Manual; and current engineering policies, standards and best practices at the
time of application for construction.
Page 2 of 2
PND TRANSPORTATION PLAN REVIEW R/W INFORMATION
1. Salome Highway (MCDOT Jurisdiction)
a. Current Classification:
Minor Arterial
b. Future Classification:
Principal Arterial
c. Existing R/W:
50 Feet
d. Ultimate R/W:
65 Feet
MCDOT TIS REVIEW
1. MCDOT’s review of the TIS is attached hereto.
Please contact me with any questions.
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 1
Project Name: Gila Hydrogen Facility
Location: I-10 West of Salome Rd
MCDOT File No.: Z2023059
Date: 5/23/2023
Reviewer: Bonnie Perotti, PE
Phone No.: (602) 506-4618
Consultant: Dibble
Project No.: 1022085
Plans Sealed By: Seth Chalmers, PE
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1
2
= = =
Site Plan
Site Plan
1st REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Project Summary:
The proposed 173 acre site improvement is planned to include hydrogen
process equipment areas, evaporation pond, operations buildings, and
parking. The site consists of a 6.7 acre electrical switchyard, total of 20,000
SF office space/ operation buildings and 50 acre evaporation pond and
includes 52 parking spaces.
Per the TIS, the proposed development is not fully designed and does not
have the building square footage defined. The type of facility also does not
have an ITE trip code that works for this type of business. It is anticipated to
generate approximately 95 daily trips. Truck access and site operation will be
available 24 hours/day therefore, the truck trips will be distributed throughout
the day and night and are not expected to have concentrated peaking
characteristics.
Speed in this area is assumed at 50 mph. Development is proposing 2 full-
access driveway a minimum of 360’ apart.
Review Comments:
Salome Rd. future functional classification is minor arterial. Along the site
frontage, maintain/provide minimum 65 ft. R/W and any additional R/W
required by the MCDOT Planning Department during the permit process.
Proposed driveway shall be in accordance with MCDOT Roadway Design
Manual (August 2021), Section 7.6.
Based on future traffic demand, the requirement for future half street right-of-
way be measured as follows:
•
25-feet for 523rd Avenue (western boundary of the property)
•
0-feet for Northern Avenue (northern boundary of the property)
This recommendation pertains only to future right-of-way needs for a public
roadway on the identified alignments.
The Traffic Impact Statement is Approved for the development as
proposed. If site changes or access changes a new TIA will be required.
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
June 2, 2023
Mr. Joseph Mueller
Planning and Development
Maricopa County
301 E Jefferson Street
Phoenix, AZ 85003
Electronically submitted to Joseph.Mueller@maricopa.gov
RE:
CPA2023009 and Z2023059 - Gila Hydrogen Facility
Dear Mr. Mueller:
The Arizona Game and Fish Department (Department) appreciates the opportunity to review and
provide comments on the Comprehensive Plan Amendment (CPA) and Zone Change with
Overlay applications for the Gila Hydrogen Project (Project). The Department understands that
CPA2023009 is to change the land use designation from Rural Densities to Heavy Industrial, and
Z2023059 is a zone change with overlay request from Rural - 43 to I-3 IUPD to allow for the
development of a hydrogen production facility. The project site is approximately 173 acres in
size, located 10 miles west of Tonopah, Arizona, and is previously disturbed, recovering desert
scrub habitat.
Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona
Game and Fish Commission (Commission), has jurisdictional authority and public trust
responsibilities to conserve and protect the state fish and wildlife resources. In addition, the
Department manages threatened and endangered species through authorities of Section 6 of the
Endangered Species Act and the Department’s Section 10(a)(1)(A) permit. It is the mission of
the Department to conserve and protect Arizona's diverse fish and wildlife resources and manage
for safe, compatible outdoor recreation opportunities for current and future generations.
The Department recognizes the importance of planning efforts that contribute to the county and
the state’s economic growth needs and opportunities to develop renewable energy locations. The
Department
recognizes
that
appropriate
coordination,
proper
planning,
and
voluntary
implementation of best management practices allow projects to be developed that avoid,
minimize, or offset potential impacts to wildlife habitat and populations. For your consideration,
the Department provides the following comments based on the agency's statutory authorities,
public trust responsibilities, and special expertise related to wildlife resources and recreation:
●
The Sonoran desert tortoise, which is covered under a Candidate Conservation
Agreement (CCA), has been documented within three miles of the project area. The
AZGFD – Gila Hydrogen Facility
June 2, 2023
Page 2
Department recommends conducting surveys, in accordance with the Desert Tortoise
Survey Guidelines for Environmental Consultants , to determine the presence of this
1
species or its habitat. If tortoises are identified, please refer to and implement the
Recommended Standard Mitigation Measures for Projects in Sonoran Desert Tortoise
Habitat
and Guidelines for Handling Sonoran Desert Tortoises Encountered on
2
Development Projects .
3
●
The western burrowing owl, a special status species that is regulated under the Migratory
Bird Treaty Act, may be present within the project area. If suitable habitat for this species
is present (i.e. burrows in the ground), the Department recommends conducting an
occupancy survey for western burrowing owls to determine if this species occurs within
your project footprint. Guidelines for conducting this survey are found in Burrowing Owl
Project Clearance Guidance for Landowners . Please note that the survey should be
4
conducted by a surveyor who is certified by the Department or has similar training and
qualifications. If an active burrowing owl burrow is detected, please contact the
Department and the U.S. Fish and Wildlife Service for direction, in accordance with the
5
Burrowing Owl Project Clearance Guidance for Landowners.
●
A variety of Arizona Species of Greatest Conservation Need (SGCN) could occur in the
project area. If any wildlife are observed during construction or operation activities, the
Department recommends moving them no more than 0.25 mile outside the project
boundary into similar habitat.
●
It is the Department’s understanding based on the project description that the facility will
include a 52.6-acre evaporation pond to be used for treatment and disposal of processed
wastewater, water treatment system reject, and cooling water system blowdown. If the
water that will be held within this pond could be harmful to birds and other wildlife that
may be attracted to the site, the Department recommends that active and/or passive
deterrent methods (i.e. human patrols, netting, fencing, etc.) be incorporated into the
facility’s operational plan to discourage access to the pond.
●
If trenching or digging of large holes will occur for the proposed project, the Department
recommends trenching/digging and backfilling crews be close together to minimize the
amount of open holes at any given time. Where trenches or holes cannot be back-filled
immediately, the Department recommends escape ramps be constructed at least every 90
meters. Escape ramps can be short lateral trenches or wooden planks sloping to the
surface. The Department recommends that slopes be less than 45 degrees (1:1) and
trenches and holes that have been left open be inspected to remove animals prior to
backfilling.
5 https://www.fws.gov/office/arizona-ecological-services/contact-us
4 https://www.azgfd.com/wildlife/speciesofgreatestconservneed/raptor-management/burrowing-owl-mangement/
3 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/2014%20Tortoise%20handling%20guidelines.pdf
2 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/MitigationMeasures.pdf
1 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/2010SurveyguidelinesForConsultants.pdf
AZGFD – Gila Hydrogen Facility
June 2, 2023
Page 3
●
If a new powerline will be required to transmit energy to and from the facility, the
Department recommends following standards established by the Avian Power Line
Interaction Committee (APLIC), which can be found in Suggested Practices for Avian
Protection on Power Lines: The State of the Art in 2006 and Reduced Avian Collisions
6
with Power Lines: The State of the Art in 2012 . Birds of prey, such as raptors, owls,
7
vultures, and eagles, are vulnerable to powerline strikes and electrocution during
construction and operation of transmission lines; power poles can also serve as perches
for birds of prey. Tuk Jacobson, the Department’s Raptor Coordinator, can provide further
information on specific design features and best management practices; he can be
contacted at raptors@azgfd.gov or 623-236-7575.
●
To minimize the potential introduction or spread of exotic invasive species, including
aquatic and terrestrial plants, animals, insects, and pathogens, precautions should be
taken to wash and/or decontaminate equipment before entering and leaving the site. See
the Arizona Department of Agriculture website for a list of prohibited and restricted
8
noxious weeds and the Arizona Native Plant Society for recommendations on how to
9
control them. To view a list of documented invasive species or to report invasive species
in or near your project area, visit iMapInvasives , which is a national cloud-based
10
application for tracking and managing invasive species.
●
Artificial lighting could impair the ability of nocturnal animals to navigate (e.g., owls,
migratory birds, bats, and other nocturnal mammals) and may affect wildlife behavior
and populations (Davies et. al. 2013 ). The Department recommends using only the
11
minimum amount of light needed for safety. The Department encourages the use of
motion sensing lighting and narrow spectrum lighting wherever possible to lower the
range of species affected by lighting. All lighting should be shielded, canted, or cut to
ensure that light reaches only areas needing illumination.
●
If any portions of the project area will be fenced, the Department recommends adhering
to guidance found in the Wildlife Compatible Fencing Guidelines , which provide
12
information on how fencing impacts wildlife, ways to design fencing to prevent wildlife
entanglement and impalement, and to ensure wildlife movement is not restricted.
Department personnel are available as resources to help determine appropriate fencing
design and layout that will achieve its objective while reducing impact to wildlife.
12 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/planningFor/wildlifeFriendlyGuidelines/
110125_AGFD_fencing_guidelines.pdf
11 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3657119
10 https://imap.natureserve.org/imap/services/page/map.html
9 https://aznps.com/invas
8 https://agriculture.az.gov/pestspest-control/agriculture-pests/noxious-weeds
7 https://www.aplic.org/uploads/files/15518/Reducing_Avian_Collisions_2012watermarkLR.pdf
6 https://www.aplic.org/uploads/files/2643/SuggestedPractices2006(LR-2).pdf
AZGFD – Gila Hydrogen Facility
June 2, 2023
Page 4
Thank you for the opportunity to provide input on the Gila Hydrogen Facility. For further
coordination, please contact Teigan Williams at tstruck@azgfd.gov or (928) 341-4069.
Sincerely,
Michael Sumner
Regional Supervisor - Region IV
cc:
Ginger Ritter - Project Evaluation Program Supervisor
Tyler Williford - Habitat, Evaluation, and Lands Program Supervisor - Region IV
AZGFD #M23-05171423
SIGN
Arizona Environmental Online Review Tool Report
Arizona Game and Fish Department Mission
To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation
opportunities for current and future generations.
Project Name:
Gila Hydrogen Facility
Project Description:
A 173 acre site used for the production of clean liquid hydrogen.
Project Type:
Development Outside Municipalities (Rural Development), Commercial/industrial (mall) and associated
infrastructure, New construction
Contact Person:
Teigan Williams
Organization:
Arizona Game and Fish Department
On Behalf Of:
OTHER
Project ID:
HGIS-19292
Please review the entire report for project type and/or species recommendations for the location
information entered. Please retain a copy for future reference.
Page 1 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Disclaimer:
1. This Environmental Review is based on the project study area that was entered. The report must be
updated if the project study area, location, or the type of project changes.
2. This is a preliminary environmental screening tool. It is not a substitute for the potential knowledge
gained by having a biologist conduct a field survey of the project area. This review is also not intended to
replace environmental consultation (including federal consultation under the Endangered Species Act),
land use permitting, or the Departments review of site-specific projects.
3. The Departments Heritage Data Management System (HDMS) data is not intended to include potential
distribution of special status species. Arizona is large and diverse with plants, animals, and
environmental conditions that are ever changing. Consequently, many areas may contain species that
biologists do not know about or species previously noted in a particular area may no longer occur there.
HDMS data contains information about species occurrences that have actually been reported to the
Department. Not all of Arizona has been surveyed for special status species, and surveys that have been
conducted have varied greatly in scope and intensity. Such surveys may reveal previously
undocumented population of species of special concern.
4. Arizona Wildlife Conservation Strategy (AWCS), specifically Species of Greatest Conservation Need
(SGCN), represent potential species distribution models for the State of Arizona which are subject to
ongoing change, modification and refinement. The status of a wildlife resource can change quickly, and
the availability of new data will necessitate a refined assessment.
Locations Accuracy Disclaimer:
Project locations are assumed to be both precise and accurate for the purposes of environmental review. The
creator/owner of the Project Review Report is solely responsible for the project location and thus the correctness
of the Project Review Report content.
Page 2 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Recommendations Disclaimer:
1. The Department is interested in the conservation of all fish and wildlife resources, including those
species listed in this report and those that may have not been documented within the project vicinity as
well as other game and nongame wildlife.
2. Recommendations have been made by the Department, under authority of Arizona Revised Statutes
Title 5 (Amusements and Sports), 17 (Game and Fish), and 28 (Transportation).
3. Potential impacts to fish and wildlife resources may be minimized or avoided by the recommendations
generated from information submitted for your proposed project. These recommendations are preliminary
in scope, designed to provide early considerations on all species of wildlife.
4. Making this information directly available does not substitute for the Department's review of project
proposals, and should not decrease our opportunity to review and evaluate additional project information
and/or new project proposals.
5. Further coordination with the Department requires the submittal of this Environmental Review Report with
a cover letter and project plans or documentation that includes project narrative, acreage to be impacted,
how construction or project activity(s) are to be accomplished, and project locality information (including
site map). Once AGFD had received the information, please allow 30 days for completion of project
reviews. Send requests to:
Project Evaluation Program, Habitat Branch
Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix, Arizona 85086-5000
Phone Number: (623) 236-7600
Fax Number: (623) 236-7366
Or
PEP@azgfd.gov
6. Coordination may also be necessary under the National Environmental Policy Act (NEPA) and/or
Endangered Species Act (ESA). Site specific recommendations may be proposed during further
NEPA/ESA analysis or through coordination with affected agencies
Page 3 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Page 4 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Page 5 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Page 6 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Page 7 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Special Status Species Documented within 3 Miles of Project Vicinity
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Antilocapra americana sonoriensis
Sonoran Pronghorn
LE,XN
S
1
Gopherus morafkai
Sonoran Desert Tortoise
CCA
S
S
1
Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/
.
Special Areas Documented that Intersect with Project Footprint as Drawn
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Big Horn Mtns - Eagletail Mtns
Maricopa County Wildlife Movement
Area - Landscape
Harquahala Plain
Conservation Opportunity Area
Note: Status code definitions can be found at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/statusdefinitions/
.
Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on
Predicted Range Models
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Anthus spragueii
Sprague's Pipit
SC
2
Antilocapra americana sonoriensis
Sonoran Pronghorn
LE,XN
S
1
Artemisiospiza nevadensis
Sagebrush Sparrow
Asio otus
Long-eared Owl
2
Athene cunicularia hypugaea
Western Burrowing Owl
SC
S
S
2
Auriparus flaviceps
Verdin
2
Calypte costae
Costa's Hummingbird
2
Charadrius montanus
Mountain Plover
SC
2
Chilomeniscus stramineus
Variable Sandsnake
2
Colaptes chrysoides
Gilded Flicker
S
2
Eumops perotis californicus
Greater Western Bonneted Bat
Falco mexicanus
Prairie Falcon
2
Falco sparverius
American Kestrel
2
Gopherus morafkai
Sonoran Desert Tortoise
CCA
S
S
1
Incilius alvarius
Sonoran Desert Toad
2
Lanius ludovicianus
Loggerhead Shrike
SC
2
Lasiurus cinereus
Hoary Bat
2
Lasiurus xanthinus
Western Yellow Bat
S
2
Macrotus californicus
California Leaf-nosed Bat
SC
S
2
Megascops kennicottii
Western Screech-owl
Melanerpes uropygialis
Gila Woodpecker
2
Myotis velifer
Cave Myotis
SC
S
2
Myotis yumanensis
Yuma Myotis
SC
2
Page 8 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Species of Greatest Conservation Need Predicted that Intersect with Project Footprint as Drawn, based on
Predicted Range Models
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Nyctinomops femorosaccus
Pocketed Free-tailed Bat
2
Passerculus sandwichensis
Savannah Sparrow
2
Pooecetes gramineus
Vesper Sparrow
2
Spizella breweri
Brewer's Sparrow
2
Tadarida brasiliensis
Brazilian Free-tailed Bat
Thomomys bottae subsimilis
Harquahala Southern Pocket Gopher
SC
2
Toxostoma bendirei
Bendire's Thrasher
2
Toxostoma lecontei
LeConte's Thrasher
S
2
Species of Economic and Recreation Importance Predicted that Intersect with Project Footprint as Drawn
Scientific Name
Common Name
FWS
USFS
BLM
NPL
SGCN
Callipepla gambelii
Gambel's Quail
Odocoileus hemionus
Mule Deer
Pecari tajacu
Javelina
Puma concolor
Mountain Lion
Zenaida asiatica
White-winged Dove
Zenaida macroura
Mourning Dove
Project Type: Development Outside Municipalities (Rural Development), Commercial/industrial (mall) and
associated infrastructure, New construction
Project Type Recommendations:
During the planning stages of your project, please consider the local or regional needs of wildlife in regards to movement,
connectivity, and access to habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding
mates, reduces gene flow, prevents wildlife from re-colonizing areas where local extirpations may have occurred, and
ultimately prevents wildlife from contributing to ecosystem functions, such as pollination, seed dispersal, control of prey
numbers, and resistance to invasive species. In many cases, streams and washes provide natural movement corridors
for wildlife and should be maintained in their natural state. Uplands also support a large diversity of species, and should
be contained within important wildlife movement corridors. In addition, maintaining biodiversity and ecosystem functions
can be facilitated through improving designs of structures, fences, roadways, and culverts to promote passage for a
variety of wildlife. Guidelines for many of these can be found
at: https://www.azgfd.com/wildlife/planning/wildlifeguidelines/.
Consider impacts of outdoor lighting on wildlife and develop measures or alternatives that can be taken to increase
human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine species within project
area, and evaluate proposed activities based on species biology and natural history to determine if artificial lighting may
disrupt behavior patterns or habitat use. Use only the minimum amount of light needed for safety. Narrow spectrum bulbs
should be used as often as possible to lower the range of species affected by lighting. All lighting should be shielded,
canted, or cut to ensure that light reaches only areas needing illumination.
Page 9 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Minimize the potential introduction or spread of exotic invasive species, including aquatic and terrestrial plants, animals,
insects and pathogens. Precautions should be taken to wash and/or decontaminate all equipment utilized in the project
activities before entering and leaving the site. See the Arizona Department of Agriculture website for a list of prohibited
and restricted noxious weeds at https://www.invasivespeciesinfo.gov/unitedstates/az.shtml and the Arizona Native Plant
Society https://aznps.com/invas for recommendations on how to control. To view a list of documented invasive species or
to report invasive species in or near your project area visit iMapInvasives - a national cloud-based application for tracking
and managing invasive species at https://imap.natureserve.org/imap/services/page/map.html.
To build a list: zoom to your area of interest, use the identify/measure tool to draw a polygon around your area of
interest, and select “See What’s Here” for a list of reported species. To export the list, you must have an
account and be logged in. You can then use the export tool to draw a boundary and export the records in a csv
file.
Minimization and mitigation of impacts to wildlife and fish species due to changes in water quality, quantity, chemistry,
temperature, and alteration to flow regimes (timing, magnitude, duration, and frequency of floods) should be evaluated.
Minimize impacts to springs, in-stream flow, and consider irrigation improvements to decrease water use. If dredging is a
project component, consider timing of the project in order to minimize impacts to spawning fish and other aquatic species
(include spawning seasons), and to reduce spread of exotic invasive species. We recommend early direct coordination
with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and/or
riparian habitats.
The Department recommends that wildlife surveys are conducted to determine if noise-sensitive species occur within the
project area. Avoidance or minimization measures could include conducting project activities outside of breeding
seasons.
Based on the project type entered, coordination with State Historic Preservation Office may be required
(https://azstateparks.com/).
Trenches should be covered or back-filled as soon as possible. Incorporate escape ramps in ditches or fencing along the
perimeter to deter small mammals and herpetofauna (snakes, lizards, tortoise) from entering ditches.
Communities can actively support the sustainability and mobility of wildlife by incorporating wildlife planning into their
regional/comprehensive plans, their regional transportation plans, and their open space/conservation land system
programs. An effective approach to wildlife planning begins with the identification of the wildlife resources in need of
protection, an assessment of important habitat blocks and connective corridors, and the incorporation of these critical
wildlife components into the community plans and programs. Community planners should identify open spaces and
habitat blocks that can be maintained in their area, and the necessary connections between those blocks to be preserved
or protected. Community planners should also work with State and local transportation planning entities, and planners
from other communities, to foster coordination and cooperation in developing compatible development plans to ensure
wildlife habitat connectivity. The Department's guidelines for incorporating wildlife considerations into community
planning and developments can be found on the Wildlife Friendly Guidelines portion of the Wildlife Planning page at
https://www.azgfd.com/wildlife/planning/wildlifeguidelines/.
Based on the project type entered, coordination with Arizona Department of Environmental Quality may be required
(http://www.azdeq.gov/).
Based on the project type entered, coordination with Arizona Department of Water Resources may be required
(https://new.azwater.gov/).
Based on the project type entered, coordination with U.S. Army Corps of Engineers may be required
(http://www.usace.army.mil/)
Page 10 of 11
Arizona Game and Fish Department
project_report_gila_hydrogen_facility_62599_64473.pdf
Project ID: HGIS-19292
Review Date: 5/22/2023 09:32:11 AM
Based on the project type entered, coordination with County Flood Control district(s) may be required.
Development plans should provide for open natural space for wildlife movement, while also minimizing the potential for
wildlife-human interactions through design features. Please contact Project Evaluation Program for more information on
living with urban wildlife at PEP@azgfd.gov or
at https://www.azgfd.com/wildlife/planning/wildlifeguidelines/ and https://www.azgfd.com/Wildlife/LivingWith.
The Department requests further coordination to provide project/species specific recommendations, please
contact Project Evaluation Program directly at PEP@azgfd.gov.
Project Location and/or Species Recommendations:
Analysis indicates that your project is located in the vicinity of an identified Conservation Opportunity Area (COA). While
there are many areas in Arizona that present abundant conservation opportunities, COAs are specific areas on the
landscape that the Department identified as having the greatest potential for conservation efforts. COAs were identified
using species and habitat data, the presence of unique landscape features, and Departmental expertise. COAs range in
size, scope, and focal species and/or habitats and are strictly a non-regulatory conservation tool for the public and our
conservation partners to consider. For more information regarding this particular COA near your project area and the
Department's suggestions for potential conservation efforts, please visit the COA profile at
https://awcs.azgfd.com/conservation-opportunity-areas.
Analysis indicates that your project is located in the vicinity of an identified wildlife habitat connectivity feature. The
County-level Stakeholder Assessments contain five categories of data (Barrier/Development, Wildlife Crossing Area,
Wildlife Movement Area- Diffuse, Wildlife movement Area- Landscape, Wildlife Movement Area- Riparian/Washes) that
provide a context of select anthropogenic barriers, and potential connectivity. The reports provide recommendations for
opportunities to preserve or enhance permeability. Project planning and implementation efforts should focus on
maintaining and improving opportunities for wildlife permeability. For information pertaining to the linkage assessment
and wildlife species that may be affected, please refer
to: https://www.azgfd.com/wildlife/planning/habitatconnectivity/identifying-corridors/.
Please contact the Project Evaluation Program (pep@azgfd.gov) for specific project recommendations.
Powered by TCPDF (www.tcpdf.org)
Page 11 of 11
1
Joseph Mueller (PND)
From:
Rhonda Buss <rbuss@azland.gov>
Sent:
Thursday, June 8, 2023 2:56 PM
To:
Joseph Mueller (PND)
Cc:
Karen Dada
Subject:
Case No. CPA2023009 and Z2023059
Dear Joseph Muller,
Thank you for the notice on Case No. CPA2023009 and Z2023059 for the proposed Gila Hydrogen Facility. There are
State Trust Land parcels that run the length of the entire eastern and southern site boundaries.
ASLD’s mission is to manage State Trust Land (STL), on behalf of the beneficiaries. While STL in the area is currently
vacant, the parcels will likely develop in the future, and it is essential that STL be protected from the views/operations of
the proposed hydrogen facilities operation. As such, ASLD requests that the screening development standards
referenced in the County’s approved Zoning Code be upheld with no modifications adjacent to STL.
Should you have any questions, please feel free to contact me.
Thank you,
Rhonda Buss, AICP | Planner III
Arizona State Land Department
1110 West Washington Street | Phoenix, AZ 85007
O: 602-542-3126 | rbuss@azland.gov
Funding Arizona Public Schools and Institutions since 1915
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Inquiry #: 50715
Status: Assigned
Resolution/Action
Assign To / Completed By:
Schedule For:
Notes / Comments:
Assign Request
Finalize Request
Save Comments
Invalid Request
Request Date: 7/16/2023 8:30:31 AM
Inquiry Type: Land Use Planning and Zoning Applications
Customer: Marguerite Cambeis
Address: 76800 58th St, 1710, Salome, AZ, 85348
Contact Via: Phone
Email: mouse0921@gmail.com
Phone: +1 (602) 615-0912
Description: When is the hearing. We highly object to this
zoning change.
Loc. Address: 173 Acres
Loc. X-Streets: NEC 523RD AVE & Salome Highway
Board of Supervisors:
Related By:
Permit Number: Case # CPA 2023009 and Z2023059
Parcel Number:
Edit Customer
Entered By: Web Inquiry - 7/16/2023 8:30:31 AM
Division: Planning
Assigned To: Joseph Mueller - 7/17/2023 7:57:26 AM
Subject: Land Use Planning and Zoning Applications
Attach Files:
Choose Files No file chosen
Upload
Notes/Comments:
Department:
Planning and Developmen
Division:
Planning
Subject:
Land Use Planning and Zo
Person:
-------